(1) General information
The competitions are organized by Kapten & Son GmbH, Agrippinawerft 28, 50678 Cologne, Germany. Participation in Kapten & Son competitions is only possible under these terms and conditions. By participating in the competition, the participant accepts the competition terms and conditions. Participation in the competition is free of charge and does not oblige the participant to order or purchase a product. The competition is not affiliated with Instagram, Facebook, TikTok, or any other platform on which it is held. It is in no way sponsored, supported, or organized by these platforms. The organizer is the sole contact and responsible party.
(2) Participation period
The respective contest period will be announced on the Kapten & Son Instagram accounts:
Instagram:
kaptenandson (https://www.instagram.com/kaptenandson/)
kaptenandson.de (https://www.instagram.com/kaptenandson.de/)
kaptenandson.fr https://www.instagram.com/kaptenandson.fr/
kaptenandson.nl (https://www.instagram.com/kaptenandson.nl/)
kaptenandson.uk (https://www.instagram.com/kaptenandson.uk/)
TikTok:
kaptenandson.de (https://www.tiktok.com/@ kaptenandson.de)
kaptenandson.nl (https://www.tiktok.com/@kaptenandson.nl)
kaptenandson.fr (https://www.tiktok.com/@kaptenandson.fr)
kaptenandson_uk (https://www.tiktok.com/@kaptenandson_uk)
(3) Participation
- Participation is free of charge and independent of the purchase of goods or services.
- Natural persons residing in the European Union who are at least 18 years of age are eligible to participate. Employees of the organizer and their relatives are excluded.
- Each person may only participate with one private account. Automated accounts, competition groups, or bots are not permitted.
(3b) Additional clause for travel competitions
- Travel contract Upon acceptance of the travel prize, a travel contract is concluded between the winner and the organizer (or a tour operator designated by the organizer). The statutory provisions of travel contract law (§§ 651a ff. BGB) apply.
- Scope of services The exact scope of services for the trip (e.g., duration of trip, means of transport, accommodation, meals, incidental expenses) is specified in the respective contest description. Services that are not expressly listed there (e.g., travel health insurance, additional luggage, personal expenses) are to be borne by the winner.
- Travel period The travel period is determined by the organizer. There is no entitlement to an individual travel period.
- Transferability The prize is not transferable. If the winner is unable to take the trip, the claim expires.
- Travel documents / Obligations to cooperate The winner is responsible for obtaining and bringing along the documents required for the trip (e.g., valid passport, visas, vaccinations) in good time. Any costs incurred as a result shall be borne by the winner.
- Risks and grounds for exclusion The organizer accepts no liability if the winner is unable to take the trip for reasons attributable to them (e.g., missing travel documents, health restrictions). If changes are necessary due to unforeseeable events (e.g., natural disasters, political events, pandemics, entry restrictions), the organizer reserves the right to adjust the travel services or to provide an equivalent replacement.
- Withdrawal by the winner The winner may withdraw from the trip, but this will result in the loss of the prize claim. There is no entitlement to payment or compensation
- Liability The statutory liability provisions for travel contracts apply. Liability for simple negligence is excluded, provided that no essential contractual obligations have been breached and no damage to life, limb, or health is involved.
(4) Procedure and determination of winners
- Participation takes place by [e.g., “commenting on the post,” “liking & following,” “using a hashtag”]. The exact participation steps are described in the respective contest post.
- The winner will be determined after the contest has ended by [random selection / jury decision based on clear criteria].
- The winner will be notified by tagging them in a comment, story post, or direct message. By participating, participants agree that their profile name will be published if they win.
- If the winner does not respond within 7 days of notification, the claim will expire and a replacement winner may be drawn.
- Cash payment or transfer of the prize is excluded.
(5) Liability / Legal recourse
Kapten & Son shall be liable for damages in connection with the competition exclusively in cases of intent or gross negligence on the part of Kapten & Son or a representative or vicarious agent, as well as in cases of culpable injury to life, limb, or health in accordance with the statutory provisions. Furthermore, Kapten & Son shall be liable under the Product Liability Act, for culpable breach of essential contractual obligations, or insofar as a defect has been fraudulently concealed or a guarantee has been given for the quality of the delivery item. However, claims for damages for culpable breach of essential contractual obligations are limited to the foreseeable damage typical for this type of contract, unless one of the other cases listed above also applies. Liability is excluded for simple negligent breaches of non-essential ancillary obligations. In particular, Kapten & Son is not liable for damages resulting from the impairment of the availability of the competition, technical malfunctions and events of force majeure beyond its control, or attacks by third parties against the competition. However, Kapten & Son will do everything in its power to ensure the reliability and functionality of the competition. Furthermore, Kapten & Son does not guarantee that the competition will function properly on the respective participant's computer.
(6) Data protection / Use of personal data
Kapten & Son guarantees the highest possible standard of data protection within the scope of the competition and complies with all relevant legal provisions in this regard. In this regard, we refer to our privacy policy, which can be accessed at https://kapten-son.com/de/privacy/. In particular, Kapten & Son will not sell any address data to third parties. Kapten & Son collects, stores, and uses the personal data of the respective participant for the purpose of properly conducting the competition and within the scope of any express consent given by the participant. By participating, the participant agrees that, in the event of a win, his/her name and image will be published on the Internet.
(7) Disclosure to third parties
We do not disclose any data relating to competition participants to third parties, unless personal data relating to winners who have been contacted by us via email or Instagram is required by us or our partners for the purpose of handing over or claiming the prize.
(8) Place of jurisdiction/applicable law
In the event of disputes, German law shall apply exclusively. To the extent permitted by law, the place of jurisdiction shall be the registered office of Kapten & Son in Germany. If the participant does not have a general place of jurisdiction in Germany or moves abroad after participating, the registered office of Kapten & Son shall also be agreed as the place of jurisdiction.
(9) Severability clause
Should any provision of these conditions of participation be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid provision. The same applies in the event of a loophole in these conditions of participation.
(10) Contact
If you have any questions regarding the conduct of this competition and the processing and use of personal data, please contact: service@kapten-son.com
Good luck!
(11) Advertising consent
The participant agrees that his/her personal data may be used by Kapten & Son for the purposes of self-promotion by electronic and regular mail for the products offered by Kapten & Son. The participant may revoke his/her consent to the use of his/her data for the aforementioned advertising purposes at any time by sending an informal notification by mail or email to
Kapten & Son GmbH
Agrippinawerft 28
50678 Cologne
Germany
E-Mail: service@kapten-son.com