Garmin Venu 4

TERMS AND CONDITIONS OF PARTICIPATION FOR PRIZE DRAWS, SWEEPSTAKES, PROMOTIONS AND COMPETITIONS

These terms and conditions (the „Terms and Conditions“) apply to your participation in prize draws, sweepstakes, promotions and/or competitions (the „Promotion“) of Adelholzener Alpenquellen GmbH, St. Primus Str. 1-5, 83313 Siegsdorf, Germany, as the organizer of the respective Promotion („Adelholzener“).

Promotion period: until 17 December 2025 (11:59 p.m. CET)

Participation requirements and participation process:

Follow the Active O2 account https://www.instagram.com/activeo2_int/ on Instagram and comment your favourite Active O2 flavour under the Promotion post on Instagram.

Prize details:

1 × Garmin Venu 4

Selection procedure for the winner: random draw (lottery)

1. ELIGIBILITY

Any natural person who is at least 18 years old at the time of participation and has their residence in a European country is eligible to participate (the „Participants“). Managing directors and employees of Adelholzener Alpenquellen GmbH, the Congregation of the Sisters of Mercy of Saint Vincent de Paul, affiliated companies and their families are excluded from participation. In addition, employees of other companies involved in the Promotion and their relatives are excluded from participation.

There is no legal entitlement to participate in this Promotion. Adelholzener assumes no responsibility if a Participant is unable to take part in the Promotion for any reason.

2. EXECUTION AND FURTHER DETAILS OF THE PROMOTION / PRIZES

The Participant must comply with all requirements and instructions for participation in the Promotion as set out in detail on the respective Promotion website/landing page (the „Landing Page“). During the Promotion, Adelholzener may specify further instructions regarding the participation process as well as further details of the Promotion on the Landing Page, such as schedule/duration, eligibility, procedures for winner selection and so on.

Late, illegible, incomplete, damaged or falsified entries from Participants will not be accepted. No responsibility is accepted for lost entries and proof of transmission will not be accepted as proof of receipt.

No purchase or other consideration is required to participate in the Promotion and making a purchase or providing other consideration does not increase the chances of winning.

The winner of the Promotion will be notified in writing (for example by email, by delivery of the corresponding prize or by replying to the comment submitted on social media). The prize will only be awarded if the winner accepts the prize notification within three calendar days after it has been sent by Adelholzener or a third party commissioned by Adelholzener.

If the winner does not accept the prize within this period, a new winner will be selected based on the criteria described above.

A cash payment or exchange of the prize is not possible.

Adelholzener assumes no liability for potential tax obligations or other legal consequences that may arise from receipt of the prize. Such charges or taxes concern exclusively the relationship between the winner and the tax authorities in the winner’s country of residence. The winner is therefore responsible for all taxes (including interest and penalties) that may be payable to the competent tax authorities in relation to the prize. If costs or other expenses arise for the winner through receipt or use of the prize, these are to be borne by the winner. The prize is not transferable and may not be resold or exchanged.

3. PREMATURE TERMINATION AND AMENDMENT OF THE PROMOTION

Adelholzener reserves the right to terminate the Promotion at any time without prior notice or to change the details of the Promotion if, for technical or other reasons, proper execution of the Promotion cannot be guaranteed or if the fairness of the Promotion cannot be ensured. No claims of the Participants arise from this.

4. PARTICIPANTS’ CONTRIBUTIONS

If a Promotion requires the submission of images, videos, ideas or other material by the Participant (the „Participants’ Contributions“) and/or the Participant submits such Contributions in connection with the Promotion, the Participant must follow the instructions on the Landing Page for proper submission.

The Participant warrants that they own the unrestricted copyrights and all other applicable rights to the Contributions submitted. The Contributions must be created entirely by the Participant and, where applicable, reflect the theme of the Promotion. In particular, the Contributions must not:

(a) be copied or plagiarised;
(b) contain materials or content of third parties for which no explicit permission has been obtained;
(c) contain content for which the Participant has no legal right of use;
(d) be offensive, tasteless, insulting, defamatory, dangerous, obscene, inappropriate, immoral, hateful, libellous or discriminatory;
(e) infringe the rights of third parties, including but not limited to privacy rights, personality rights or intellectual property rights;
(f) contain brand names or trademarks, with the exception of the Adelholzener brand, which the Participant may use solely within the scope of the Promotion and to the permitted extent;
(g) represent political statements or positions;
(h) contain illegal material or violate applicable laws and regulations in the jurisdiction of submission; and/or
(i) violate the terms of use of social media platforms such as TikTok, Instagram, Facebook, X or Snapchat.

The Participant also confirms that no prohibited aids such as automatic robots, scripts, services or other manipulations have been used.

The Participant guarantees and represents that they have the explicit consent of all identifiable persons appearing in the Contributions that their name, image and other personal data may be used in the manner described here, including the right of Adelholzener to use the Contributions for the purposes described below. Upon request, the Participant will obtain the written consent of these persons for Adelholzener. If persons below the age of majority in the relevant jurisdiction appear in the Contributions, the written consent and signature of a parent or legal guardian is required.

The Participant agrees that Adelholzener (and/or a partner commissioned by Adelholzener) is entitled to publish and use the Participants’ Contributions in all media in connection with the Promotion. This also includes permission to use the Contributions for advertising and other commercial purposes. In particular, this includes publication on the websites and the Instagram and TikTok profiles of Adelholzener. This consent may be revoked at any time in writing. Such revocation applies to future publications and not to those already made.

Submitted Participants’ Contributions will not be returned.

5. LIABILITY

Adelholzener is liable only for intent and gross negligence. Liability towards the winner or the Participants of the Promotion for any loss or damage arising in connection with the Promotion, data processing and/or the prize is excluded.

This does not apply in the event of negligent breach of essential contractual obligations. These are obligations that are essential for the execution of the prize draw, since they make its proper execution possible in the first place and on whose observance the Participant may rely. In such cases, Adelholzener’s liability in the event of simple negligence is limited to typical and foreseeable damage.

This limitation of liability does not apply to damages resulting from injury to life, body or health.

Adelholzener accepts no liability for the feasibility or continuation of the Promotion, or for the functionality of the technical requirements for participation in the Promotion, in particular the functionality of the websites through which participation is possible.

6. EXCLUSION OF WARRANTY

Notwithstanding the provisions above, any warranty claims are excluded in the case of the prize being given free of charge.

7. DATA PROTECTION

The personal data of the Participants will be used exclusively for the purposes of the Promotion in accordance with the applicable privacy policy.

8. EXCLUSION FROM THE PROMOTION / DISQUALIFICATION / FINAL PROVISIONS

Participants whose personal details are not correct will be excluded from participation.

Adelholzener reserves the right to exclude or disqualify Participants without prior notice if they attempt to manipulate the participation process and/or the Promotion and/or otherwise violate these Terms and Conditions or good morals and/or attempt to win the Promotion in an unfair manner. If the conditions for exclusion and/or disqualification are met, prizes may be subsequently revoked or prizes that have already been paid out or delivered may be reclaimed.

This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, TikTok or any other online platforms that may be used for the Promotion. The Participant provides their information solely to Adelholzener and the respective platform assumes no liability for any components of the Promotion.

The entire Promotion as well as these Terms and Conditions are subject to German law, excluding its conflict of laws provisions.

If any provision of these Terms and Conditions is or becomes wholly or partly invalid, the validity of the remaining provisions shall not be affected.

Legal recourse with regard to the selection of the winner is excluded and there is no legal claim to the prize.