Terms of use and participation for the “ESN100” competition by Fitmart GmbH & Co. KG
- Subject of the Terms and Conditions
1.1. Fitmart GmbH & Co. KG, Werner-von-Siemens-Straße 8, 25337 Elmshorn, Germany (“Organiser”) is running the following competition (“Competition”) to promote its products and engage its community via its Instagram account esn.com (“Instagram Account”).
1.2. The Competition organised by the Organiser via the Instagram Account is independent of Meta Platforms Inc. and its affiliated companies. Meta Platforms Inc. and its affiliated companies are in no way responsible for, involved in, or sponsoring this Competition. All questions, comments, instructions, and complaints regarding the Competition must be addressed to the Organiser.
1.3. These Terms and Conditions govern the rules for participating in the Competition and any necessary transfer of rights.
- What is the participation period?
2.1. The participation period runs from 01.01.2025 to 10.04.2025 (“Participation Period”).
2.2. The Competition lasts approximately 100 days. Winners will be notified after the jury’s decision by the Organiser via email or Instagram Direct Message.
2.3. The Organiser reserves the right to extend the Participation Period by an announcement on the Instagram Account. Any extension may impact the subsequent handling of prizes.
- Who is eligible to participate?
3.1. Participation is open to all natural persons aged 18 or over who reside in the United Kingdom and have their own Instagram account (“Social Media Channel”) (“Participants”).
3.2. Each Participant may only enter the Competition once. Participation by the same person using different Social Media Channels is not allowed and will lead to exclusion by the Organiser.
3.3. By clicking the button on the competition page https://www.esn.com/pages/esn-100 (“Competition Page”), Participants accept these Terms and Conditions. Participation is only possible if these Terms and Conditions are accepted as binding.
- How can I participate in the competition?
4.1. Participation in the competition is free and takes place exclusively under these terms and conditions.
4.2. Participants must register on the Competition Page with their personal details. On the first and last day of the Competition, Participants may upload a before-photo and an after-photo, respectively. On the last day, additional personal details and responses to competition criteria must also be submitted.
4.3. At the start of the competition: Participants must log in to their customer account the day before the Competition begins and upload a before-photo that meets the following criteria:
- A personal, frontal photo of the Participant’s full body, in tight-fitting clothing (e.g., sportswear or swimwear).
- A water bottle must be held in hand in the before-photo."
4.4. During the competition: The Organiser will publish daily information, updates, and tasks on the Instagram Account. Participants must perform the selected routines and share this on their Social Media Channel, tagging the Organiser’s Instagram Account. Additionally, Participants must publish at least 5 posts (of any kind) about the Competition on their Social Media Channel.
4.5. At the end of the competition: Participants must submit the following information via a Typeform form on the last day of the Competition:
- Personal details, including name, age, address, and contact details.
- An after-photo that meets the following criteria:
A personal, frontal photo of the Participant’s full body, in tight-fitting clothing (e.g., sportswear or swimwear).
An ESN-branded product must be held in hand in the after-photo. Participants will also be asked to answer the following questions, which will be considered by the jury:
- What is your success story with ESN products?
- What special experience did you gain during the challenge?
- What challenge did you overcome during the challenge?"
- How are winners selected?
5.1. From all eligible Participants, winners will be selected within 7 days after the Participation Period. A jury consisting of representatives of the Organiser will evaluate the execution of the routines, published contributions, and submitted responses based on the following criteria:
- Alignment with the Organiser’s goals and values.
- Quality, creativity, and authenticity of contributions and posts.
- Communication style and reliability."
5.2. The jury’s decision is final and binding.
5.3. Winners will be notified via Direct Message from the Organiser’s Instagram Account or by email.
5.4. Each selected winner must confirm acceptance of the prize within 7 days of being contacted.
5.5. If a winner cannot be reached or fails to respond within the time limit, the Organiser reserves the right to appoint another Participant as the winner.
5.6. If the winner’s contact details (e.g., email address or postal address) or bank details are incorrect, the Organiser is under no obligation to ascertain the correct details. Any disadvantages arising from incorrect details are the responsibility of the winner.
- What prizes can be won?
6.1. Acceptance of the prize is voluntary. Prizes are divided into interim prizes and a grand prize.
6.2. Interim prizes:
6.2.1. Day 25 of the competition:
- 2x tickets to the Arnold Classic 2025 in Columbus, Ohio, USA, followed by a 5-day trip to New York City, NY, USA. Accommodation in 4-star hotels is included for both locations. Travel is arranged from and to London airports in premium economy (including a multi-stop flight from Ohio to NY and back to the home airport).
- 2x participant spots (Double Active) at the Athletic Camp from 25.10–01.11.2025 in Paphos, Cyprus, worth €2,750.00, excluding flights. Economy-class flights from London airports are included. More information on the camp.
- A year’s supply of Isoclear worth €598.80. This consists of 12 x 908 g Isoclear tubs (each valued at €49.90 incl. VAT plus shipping), limited to one tub per month. Shipping is restricted to Europe only."
6.2.2. Day 50 of the competition:
- 2x FIBO Private Visitor Tickets worth €98.00 (€49.00 each) and 2x access cards to the Expert Room (Locker Room) for a talk by Urs Kalecinski during FIBO in Cologne (10.04–13.04.25). The specific day will depend on the FIBO schedule.
- 2x FIBO Private Visitor Tickets worth €98.00 (€49.00 each) and a meet-and-greet with Arda Saatci at FIBO in Cologne (10.04–13.04.25). The exact date will depend on the FIBO schedule.
- 2x FIBO Private Visitor Tickets – Saturday worth €98.00 (€49.00 each) for 12.04.25, including a trip and accommodation in a 4-star hotel in Cologne for two people (11.04–13.04.2025). Travel within Germany is provided via train, while travel from other European countries will be via economy flights from London airports."
6.2.3. Day 75 of the competition:
- 10x ESN vouchers worth €500.00 each, totalling €5,000.00 (10 x €500.00, incl. VAT and shipping). These vouchers are redeemable exclusively on the organizer's online store.
- One ESN product surprise included with one order per month for 12 months after the prize draw. The surprise product will be added to the cart free of charge (incl. VAT and shipping).
- A package trip to Hamburg with two nights in a 3-star hotel for two people. Includes a visit to the ESN Gym (half-day) and ESN product selection from the store worth €100.00 (limited to in-stock items). Travel within Germany is provided via train, while travel from other European countries will be via economy flights from London airports."
6.3. Grand Prizes:
- 1st place: A 7-day trip to Los Angeles, California, USA (Muscle Beach) for two people, staying in a 4-star hotel. Travel is arranged from and to London airports in premium economy. The winner will also receive €1,000.00 net as spending money (transferred before the trip).
- 2nd place: €5,000.00 net plus an ESN voucher worth €500.00 (redeemable exclusively on the organizer's online store).
- 3rd place: An ESN voucher worth €1,000.00 (redeemable exclusively on the organizer's online store).
6.4. Cash prizes will be paid via bank transfer within 30 days.
6.5. Prizes are non-exchangeable for cash and non-transferable. Winners are solely responsible for any taxes incurred on their prizes.
- Who can be excluded from the competition?
7.1. Breach of these Terms and Conditions entitles the Organiser to exclude individual or multiple Participants from the Competition, particularly where false information is provided or third-party rights (e.g., personality or copyright) are violated.
7.2. The Organiser may also exclude Participants who manipulate or attempt to manipulate the Competition process or Competition Page, act in violation of these Terms and Conditions, or unfairly influence the Competition in any unlawful or dishonest manner, such as through software interference. In such cases, prizes may be revoked and reclaimed.
7.3. Persons who do not meet the conditions outlined in sections 3, 4, and 5 are excluded from participation.
7.4. Employees, partners, influencers, and athletes of the Organiser or affiliated companies, as well as individuals involved in the creation and execution of the Competition, are excluded from participation.
- Rights of Use
8.1. Photos, texts, and videos created during the Competition may be published by the Organiser free of charge. Participants grant the Organiser a non-exclusive, unlimited, and transferable right to use the submitted images, texts, or videos to present and document the Competition. This includes the right to reproduce, distribute, and make the content publicly available. Participants guarantee that the content is free from third-party rights and indemnify the Organiser against any third-party claims.
8.2. Participants are responsible for all content uploaded or shared on Instagram or as part of the Competition. The Organiser is not required to review content for legal violations or third-party rights breaches. Content must not include insults, harassment, defamatory remarks, or any content infringing on third-party rights, including advertisements, viruses, or immoral, obscene, violent, or discriminatory materials.
- Premature Termination, Adjustment, or Modification of the Competition
9.1. The Organiser reserves the right to terminate, adjust, or modify the Competition at any time without prior notice or reason, particularly if technical or legal issues prevent the Competition’s proper execution.
- How is my data processed?
10.1. Information about data processing can be found in the privacy policy at https://www.esn.com/policies/privacy-policy.
10.2. Data is processed solely for the purpose of executing and managing the Competition, in accordance with Article 6(1)(b) GDPR. Data will be deleted once it is no longer required, subject to legal retention obligations.
10.3. Participants agree that uploaded photos may be used for advertising purposes by the Organiser on social media channels (e.g., Instagram, TikTok, YouTube) without time, location, or compensation restrictions.
- Severability Clause
11.1. If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions remains unaffected.
11.2. Legal recourse is excluded.
11.3. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.