for the “Merch Package” competition on TikTok from POWAFOOD GmbH.

The following terms and conditions regulate the conditions for participation in the competition taking place on the TikTok page in July and August 2024.

By participating in the respective competition, the following conditions of participation are accepted.

1. Organizer

1.1 The organizer of the competition taking place in July and August 2024 is:

POWAFOOD GmbH, Schultheiß-Bilger-Str. 9, 61118 Bad Vilbel (hereinafter also referred to as “POWAFOOD”) in relation to the respective specific competition,

Competition "Merch Package" from: 29.07.24 - 04.08.24

2. Participation and implementation

2.1 Only natural persons who are 18 years old at the time of the competition and who have their permanent residence in Germany are entitled to participate. Minors may only participate in the competition with the consent of their legal guardian. The consent of the legal guardian must be proven to the organizer upon request.

2.2 Participation in the respective competition is free of charge. Participation in the respective competition is only possible during the period in which the respective competition takes place (see also period).

2.3 Participation in the competition takes place via the POWAFOOD TikTok page for the period of the specific competition.

2.4 The competition consists of 100 participants from all people who post a video of their Bubble Pop X Trolli tasting moment on TikTok and link to @bubble_pop_de and @trolli.de, who can win a merch package consisting of a fisherman's hat, a pair of socks and a packet of sour fireflies.

2.5 The winner determined for the respective competition will be contacted by POWAFOOD via TikTok via direct message (DM) and the prize (the merch package) will then be sent to the address provided by the winner at POWAFOOD's expense within 14 days, although this deadline is non-binding. By participating in the competition, participants agree that POWAFOOD may contact the respective winner as described above and send the prize to the address provided.

2.6 If a winner does not respond to the prize notification within one (1) week, a new winner will be drawn and the original winner will lose his/her right to the prize.

2.7 The processing, communication and dispatch of the prize will be carried out by POWAFOOD.

3rd period

3.1 The POWAFOOD competition scheduled for July and August 2024 will take place during the following period:

Competition “Merch Package” from: 29.07.24 to 04.08.24 at 23:59

4th prize

4.1 As part of each competition, one (1) merch package compiled by POWAFOOD will be raffled off.

4.2 The claim to the prize cannot be assigned or transferred. The prize cannot be paid out, supplemented or changed. If the prize cannot be made available for whatever reason, POWAFOOD reserves the right to award a replacement prize of equivalent value.

5. Exclusion from participation

5.1 In the event of a breach of these terms and conditions, POWAFOOD reserves the right to exclude participants from the respective competition. In addition, POWAFOOD reserves the right to exclude participants who use unfair means or otherwise gain advantages through manipulation from the respective competition. Furthermore, false personal information or the use of "fake profiles" or similar can also lead to exclusion.

6. Early termination of a competition

6.1 POWAFOOD is entitled to cancel, suspend or change the respective competition prematurely, in particular if unforeseen events occur that are outside the sphere of POWAFOOD and make the original implementation of the competition unreasonable (such as technical problems, manipulation by third parties, violations of law that are related to the respective competition).

7. Data Protection

7.1. POWAFOOD collects and uses participants' personal data exclusively within the legally permissible scope and within the framework of the conditions of participation and exclusively for the purpose of processing the respective competition. The data will expressly not be passed on to third parties.

7.2 In this respect, express reference is made to POWAFOOD's privacy policy and in particular to the rights of those affected described therein: https://bubble-pop.de/policies/privacy-policy

8. Disclaimer

8.1 Without prejudice to any other statutory requirements for claims, the following exclusions and limitations of liability shall apply to POWAFOOD’s liability for damages:

8.2 POWAFOOD shall be liable without limitation if the cause of the damage is based on intent or gross negligence.

8.3 Furthermore, liability arises for breaches of essential obligations caused by slight negligence, the breach of which endangers the achievement of the contractual agreement, or for the breach of obligations, the fulfilment of which makes the proper conduct of the competition possible in the first place and on whose compliance the participants regularly rely. The scope of liability for POWAFOOD in such cases is limited to the foreseeable damage.

8.4 POWAFOOD shall not be liable for any negligent breach of obligations other than those specified above.

8.5 The aforementioned restrictions (8.2 to 8.4) do not apply in the event of injury to life, body or health.

8.6 The exclusion or limitation of liability of POWAFOOD also applies to the personal liability of representatives and vicarious agents of POWAFOOD and their employees.

8.7 In the event that the merch package won is defective, the respective winner must contact POWAFOOD in writing (e.g. email) within 14 days of receiving the prize and report the defect. After the expiry of the aforementioned deadline, an appeal to obvious defects is no longer possible.

9. TikTok's Notices and Terms

9.1 The competition, including the administration of the competition, has no connection with TikTok. TikTok expressly does not sponsor, support and/or organize the competitions.

9.2 Participants and/or winners of the respective competition have no claims against TikTok. Inquiries and/or any form of communication must always be addressed exclusively to POWAFOOD.

10. Final provisions

10.1 Legal recourse is excluded.

10.2 The law of the Federal Republic of Germany applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law.

10.3 Should individual provisions of these Conditions of Participation be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Conditions of Participation.