Competition terms and conditions
By participating in the competition, you agree to our terms and conditions. Only one prize is possible per participant, and the prize is non-transferable. The prize cannot be exchanged or redeemed for cash. Legal recourse is excluded. Participants must be at least 18 years old and resident in Germany.
1 participation
1.1 Neither participation in the competition nor the chance of winning is dependent on the purchase of a product or service or the subscription to a newsletter.
1.2 To participate in competitions, the requirements specified in the corresponding post/publication (e.g., commenting or liking something specific) must be met. By fulfilling these requirements, the conditions of participation are accepted. Participants are solely responsible for the accuracy of all data provided on Facebook, Instagram, or via email, and to THE DUKE – Munich Dry Gin.
1.3 Persons over 18 years of age who are resident in Germany are eligible to participate. Participation in the competition is only possible in one's own name. Employees of THE DUKE – Munich Dry Gin, all persons involved in the development/implementation of the competition (e.g., agencies, consultants, suppliers), employees of the main prize partners, and their respective family and household members are excluded from participation.
1.4 To participate, all personal information must be true. Failure to do so may result in exclusion in accordance with Section 1.5.
1.5 THE DUKE – Munich Dry Gin reserves the right to exclude participants from the competition who manipulate or attempt to manipulate the participation process, the raffle, the website, or the Facebook page, or who violate the terms and conditions or common decency, or who otherwise attempt to influence the competition in an unfair or improper manner. Participants who do not reside in Germany or who provide false personal information will also be excluded.
1.6 Participation in the competition is free of charge.
1.7 All participants who have completed the participation action in accordance with section 1.2 of these terms and conditions within the participation period specified in the posting or publication will participate in the competition.
2 Conduct of the competition
2.1 Winners will be randomly selected from among all participants who meet the eligibility requirements. The determination of whether the eligibility requirements are met rests with THE DUKE – Munich Dry Gin. If one or more eligibility questions must be answered as part of the competition, only those participants who answer these questions correctly will be entered into the raffle.
2.2 The prizes advertised in the Facebook post or the respective publication on the website will be raffled off.
2.3 The descriptions and images of the prizes in the competition are symbolic and non-binding. The prize cannot be redeemed in cash. The claim to the prize cannot be assigned to third parties.
2.4 Winning participants ("Winners") will be notified of their win after the competition has ended via a comment under the competition post (see 1.2) in which their name was linked, or via private message (the "Winning Notification"). The participant is solely responsible for constantly checking the notifications on their Facebook or Instagram profile. In the Winning Notification, THE DUKE – Munich Dry Gin will request the winner to confirm receipt of the Winning Notification via message and to provide THE DUKE – Munich Dry Gin with any additional information required, such as the address to which the prize should be sent (the "Confirmation"). The Confirmation must be sent directly to the Facebook page or to info@theduke-gin.de . If THE DUKE – Munich Dry Gin does not receive the Confirmation within forty (40) days of sending the Winning Notification, the winner's claim to the prize expires.
2.5 If a winner does not receive their prize despite duly submitting the confirmation, they must notify THE DUKE – Munich Dry Gin (at the address provided above or via info@theduke-gin.de ) within 30 days of receiving notification of their win, citing the keyword "Competition." Failure to do so in a timely manner will result in forfeiture of the prize.
3 User Content
3.1 Posts, files, hyperlinks and other content (“User Content”) that participants upload to the Facebook page as part of the competition must not violate applicable law;- they must not defame, disparage, threaten, harass or stalk THE DUKE – Munich Dry Gin or others, nor contain information protected by data protection law (such as the names of third parties);- they must not infringe on the intellectual property of third parties, such as copyrights, trademark rights, naming rights or other protected content or rights of third parties;- they must not be inappropriate or violate the brand philosophy of THE DUKE – Munich Dry Gin; and- they must not violate the declaration of rights and obligations and other terms and conditions of Facebook or Instagram.
3.2 The User Content provided by participants will be made publicly available on the Facebook or Instagram page during the participation period. By making User Content available to THE DUKE – Munich Dry Gin, the participant confirms that they have the necessary permission to do so and the corresponding rights to the User Content. By making the User Content available, the participant grants THE DUKE – Munich Dry Gin a spatially, temporally and content-wise unlimited, transferable, sub-licensable, irrevocable, non-exclusive right to use the User Content exclusively for the purposes of conducting the competition, including to reproduce it, distribute it in unchanged or modified form, edit or transform it and make it publicly available. This includes in particular the right to make the User Content publicly accessible on the Facebook page or in the app and to edit it for this purpose.
3.3 By making the User Content available, the participant waives any right to assert any moral rights.
3.4 Should THE DUKE – Munich Dry Gin have reasonable grounds to suspect that a participant is not complying with the above provisions, THE DUKE – Munich Dry Gin reserves the right to exclude that participant from the competition.
3.5 Each participant is obliged to indemnify THE DUKE – Munich Dry Gin against all damages incurred by THE DUKE – Munich Dry Gin as a result of a breach by the participant of these terms and conditions of participation, in particular clauses 3.1 and/or 3.2.
4 Liability
4.1 THE DUKE – Munich Dry Gin is only liable for damages caused intentionally or through gross negligence.
4.2 If the prize is defective in quality or title, THE DUKE – Munich Dry Gin is only obliged to compensate the winner for any resulting damages if THE DUKE – Munich Dry Gin has fraudulently concealed this defect.
4.3 Furthermore, the winner shall have no further rights due to material or legal defects in the prize or claim for damages.
5 Early termination of the competition
5.1 THE DUKE – Munich Dry Gin reserves the right to cancel or interrupt the competition at any time without prior notice. This applies in particular if the proper conduct of the competition cannot be guaranteed for technical reasons (e.g., viruses in the computer system, tampering with, or errors in the hardware and/or software) or for legal reasons.
5.2 The participant's claims for performance and damages in the event of premature termination of the competition in accordance with Section 5.1 of these Conditions of Participation are excluded within the framework of the provisions of Section 4 of these Conditions of Participation above.
6 Data protection
6.1 THE DUKE – Munich Dry Gin, as the controller within the meaning of the General Data Protection Regulation (GDPR), collects, processes, and uses all personal data communicated to THE DUKE – Munich Dry Gin as part of this competition, always in compliance with the applicable data protection regulations. Personal data in this sense is the following personal data provided by you as part of the competition: first and last name, Facebook username, Instagram username, email address, and, if applicable, depending on your Facebook settings: town, country, or date of birth, as well as all other personal data you transmit to THE DUKE – Munich Dry Gin as part of the competition. THE DUKE – Munich Dry Gin does not pass this personal data on to third parties. This does not include the service providers based in Germany who support us in conducting this competition ("contract data processors"). The collection, processing, and use of your data serves exclusively the purpose of conducting the competition. You have the legal right to free information about the personal data we have stored about you, as well as the right to correct, block, or delete this personal data. To exercise your aforementioned rights, please contact: THE DUKE Destillerie, Feldkirchner Straße 1, 85609 Aschheim near Munich.
The data protection declaration linked below explains in detail the type, scope and purpose of the processing of personal data within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profiles at: https://theduke-gin.de/datenschutz/ .
6.2 In the event of a deletion request before the end of the competition, this deletion request will result in the termination of participation in the competition if it precludes further participation. In this case, a prize is no longer possible.
7 Consent to publish the photo and/or video
If User Content contains photos or videos depicting people, the following applies:
7.1 The participant agrees that THE DUKE – Munich Dry Gin may publish photos and/or videos depicting the participant on the Facebook and Instagram pages for the purpose of conducting the competition during the participation period until the user content is taken offline.
7.2 If other persons besides the participant are recognizable in a photo/video uploaded, the participant is obliged to obtain consent from these persons for publication in favor of THE DUKE – Munich Dry Gin as described in the previous paragraph.
7.3 Consent to publish the photo/video is given without separate remuneration and also includes the right to save and edit it, provided that the editing is not distorting.
7.4 Consent can be revoked at any time in the future by submitting a written request to THE DUKE – Munich Dry Gin. However, consent is irrevocable for images of multiple people (e.g., group photos), unless a balancing of interests clearly favors the participant. Consent is voluntary. However, refusal or revocation of consent will terminate participation in the competition.
8 Facebook
8.1 The following Facebook regulations in accordance with Section E of the Terms of Use for Facebook Pages ( http://www.facebook.com/page_guidelines.php ) apply in connection with the conduct of the competition on the Facebook page.
8.2 THE DUKE – Munich Dry Gin indemnifies Facebook Ireland Ltd. from any liability for claims made by participants in the competition within the scope of THE DUKE – Munich Dry Gin’s responsibility for the competition.
8.3 The competition has no connection with Facebook and is not sponsored, supported or organized by Facebook in any way.
9 Other regulations
9.1 The terms and conditions of participation and the entire legal relationship between the participants and THE DUKE – Munich Dry Gin are subject exclusively to the laws of the Federal Republic of Germany, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
9.2 Should individual terms and conditions of participation be or become invalid, the validity of the remaining provisions shall not be affected. Any invalid clause shall be replaced by the statutory provision.
9.3 Legal recourse is excluded.