Conditions of Participation Influencer

Terms and Conditions for Performance Collection Casting & Shoot

I. Subject of the Terms and Conditions

1. GOLD'S GYM Trading GmbH, Saarbrücker Straße 38, 10405 Berlin (hereinafter referred to as GGT), in cooperation with Brands Fashion GmbH, Muellerstrasse 11, 21244 Buchholz, is conducting a casting to find the new face of the GOLD'S GYM Apparel campaign.

2. To find the new face of the campaign, an initial casting will take place from September 1st to September 22nd, 2023. Applicants must apply through the URL https://apparel.goldsgym.com/de/ambassadors. As part of the application process, the applicant must provide their Instagram account. The applicant's posted photos on Instagram will be reviewed for selecting candidates for the photoshoot. If an applicant's Instagram account impresses the jury, the selected person will participate in the second phase of the casting process. In this phase, the participant will be required to submit a video clip. From the applicants in the second phase of casting, participants for a shooting taking place in Berlin from October 17th to October 23rd, 2023, will be selected.

3. The following terms and conditions apply to participation in the casting and shooting. By registering on https://apparel.goldsgym.com/de/ambassadors, participants agree to these terms and conditions.

II. Eligibility

1. Eligible to participate are all natural persons who have reached the age of 18 with a residence in Germany, Austria, or Italy.

2. Participation requires a current user account on the social network "Instagram" (https://www.instagram.com/) or the setup of such an account if necessary for the duration of the selection process.

3. Participants in the casting ensure their availability for the shooting in Berlin from October 18th to October 22nd, 2023.

4. Participants ensure they have the necessary documents for travel to the shooting, which could include a valid ID card or passport. A valid visa for entry into Germany might be required.

III. Casting Process

1. a) Application Phase 1 from September 1st to September 15th, 2023

The call for applications takes place during the specified period. During this time, participants can apply via the URL: https://apparel.goldsgym.com/de/ambassadors. The following data must be provided:

• Name

• Date of birth

• Valid address

• Valid email address

• Top size

• Bottom size

• Shoe size

• Link to Instagram profile

b) Participants for the second phase will be selected from all applications.

c) Applicants must not undergo significant visual changes from the time of application until the completion of the shooting.

d) Participants in the application process consent to receive an email informing them of their progress to Phase 2 after Phase 1. The email sender is goldsgym_apparel@rsggroup.com. Participants ensure they receive the email.

2. Application Phase 2 from September 15th to September 22nd, 2023

a) All Phase 2 participants will receive a clothing item/top from the brand "GOLD'S GYM" sent to the address provided by them. Participants are responsible for updating contact information, especially the postal address. Consequences arising from incorrect or incomplete contact details are the participant's responsibility. GGT is not obligated to verify correct contact details.

b) Participants create a video of themselves wearing and presenting this top. If the top doesn't arrive in time for a participant, an alternative black or white top without a recognizable brand logo can be worn.

c) The created video must be sent to the Instagram account @goldsgymgermany or via WeTransfer link to goldsgym_apparel@rsggroup.com by September 22nd, 2023.

d) A jury will select 10 participants from all submissions to be invited to the shoot.

IV. Shoot Process

1. The shoot takes place in Berlin from October 18th to October 22nd, 2023.

2. Shoot participants might need to arrive as early as October 17th, 2023.

3. The timing of arrival and departure depends on the shoot schedule. The schedule will be created in KW40 and communicated to shooting participants in a timely manner. The latest departure date can be Monday, October 23rd, 2023.

4. Participants in the shoot agree to appear in good physical and health condition for the shoots, enabling the required shots to be taken within the specified time. Participants also commit to informing GGT of any significant changes in their appearance (e.g., hairstyle, tattoos, rings, piercings, beard, etc.) or pregnancies.

5. GGT explicitly states that accident insurance for shoot participants is not provided. If participants bring items, they must inform GGT. GGT is not obligated to provide insurance coverage for such items.

6. Participants will not receive compensation for participating in the shoot.

7. Participation in this shoot does not establish an employment relationship.

V. Travel to and Accommodation for the Shoot

1. Booking of travel to and from the shoot location and accommodation for all shoot participants will be handled by GGT in KW40. Relevant booking documents will be provided to participants in a timely manner.

2. Travel to and from the departure point (airport, train station, etc.) is at the participant's expense, unless otherwise specified or expressly agreed upon. The same applies to any private expenses incurred during the trip (local meals, minibar, phone, etc.).

3. Participants will be accommodated in a MotelOne / Ibis Budget category hotel.

4. If a participant is unable to undertake the already booked trip, GGT will request reimbursement for the booked travel and accommodation costs. An exception is a proven illness-related absence. This must be timely notified and substantiated to GGT.

5. There is no entitlement for the participants to the actual implementation of the shoot.

VI. Exclusion from Shoot Participation; Early Termination of Application Process

1. GGT has the right to exclude participants suspected of violating these terms and conditions from participation in the casting and shoot. GGT is also entitled to exclude participants from participation at any time and without prior notice in cases of manipulation of any kind or any kind of unlawfully created videos (e.g., videos with obscene or illegal content). This applies even if someone has already been determined as a shoot participant or participation in the shoot has already been declared. In this case, the possibility of participation in the shoot is void.

2. If someone has been determined as a shoot participant and legal or factual reasons or subsequent exclusion according to Section VI No. 1 of these terms and conditions prevent their participation, the right to participate is forfeited.

3. GGT has the right to interrupt or terminate the application process prematurely without prior notice if the process can no longer be properly conducted due to manipulations by participants or third parties, taking into account the legitimate interests of GGT and/or participants. The early termination will be communicated to participants appropriately on the Instagram page @goldsgymgermany.

VII. Use of Names, Texts, and Visual Material by GGT and Brands Fashion

1. Participants assure GGT that they hold the rights to the submitted videos and images. Furthermore, they assure that no third-party rights are violated, including third-party copyrights or personality rights of photographed/filmed individuals. Participants agree to indemnify GGT and Brands Fashion against any claims by third parties resulting from the violation of such rights during the intended use by GGT and Brands Fashion, including legal costs.

2. Participants grant GGT and Brands Fashion the following unrestricted, spatially and temporally limited simple usage rights to the submitted/uploaded videos and images:

a) GGT and Brands Fashion are authorized to edit the submitted/uploaded videos or images, particularly through electronic image editing for online appearances. b) GGT and Brands Fashion are authorized to publish the submitted/uploaded videos or images, in their original or edited form, on the GGT Instagram channel, the GGT campaign page, the GGT website, and other platforms not yet known. c) GGT and Brands Fashion are authorized to duplicate and store the submitted/uploaded video on storage media. d) GGT and Brands Fashion are authorized to grant similar simple usage rights to affiliated companies of GGT within and outside the country.

3. By transferring all the rights mentioned above to GGT and Brands Fashion, participants do not gain rights to compensation or reimbursement.

VIII. Data Protection Notice

1. The provision of personal data according to Section III No. 1a) of these terms and conditions serves the purpose of determining participants (first and last name), eligibility (date of birth), and sending the necessary clothing items for the shoot (clothing size, postal address) during the application process. The inquiry for the Instagram profile is necessary for selecting shooting candidates. For the purpose of travel booking, personal data will be shared with travel agencies, airlines, and other service providers responsible for bookings. The transmitted data will be deleted completely after the shooting has concluded, and legal retention periods have expired.

2. Participants are free to revoke their consent to data processing via email to goldsgym_apparel@rsggroup.com and thereby withdraw from participation. Upon revocation by the participant, participation in the application process ends immediately.

3. Regarding data usage by Instagram, please refer to Instagram's privacy policies at https://de-de.facebook.com/help/instagram/155833707900388.

IX. Instagram Guidelines and Conditions

1. There is no connection to Instagram. In addition to these terms and conditions, the relationship between GGT, participants, and Instagram is governed by Instagram's terms of use (Nutzungsbedingungen | Instagram-Hilfebereich (facebook.com)) and privacy rules (https://de-de.facebook.com/help/instagram/155833707900388).

2. Participants cannot make claims against Instagram arising from participation in the application process. GGT will indemnify Instagram from claims made by participants.

3. All inquiries and information regarding the application process should be directed to GGT.

X. Liability

1. GGT is liable within the scope of the application process – regardless of legal basis – only for intent or gross negligence without limitation. For slight negligence, GGT is only liable for violating obligations essential for participation in the application process (cardinal obligations). Cardinal obligations are obligations that enable proper participation and on which participants can regularly rely. These limitations of liability also apply in cases of fault by employees and agents of GGT. These limitations of liability do not apply in cases of personal injury.

2. GGT strives to offer a disturbance-free operation of the application process and to keep it available as much as possible. However, GGT points out that complete uninterrupted availability is not technically feasible. GGT does not provide any guarantee for a disturbance-free operation of the application process. In particular, GGT is not precluded from restricting access to the application process due to maintenance work, capacity constraints, and other events beyond their control, either partially, temporarily, or even permanently.

3. GGT is not liable for damages that may arise from transmission errors, delays, or interruptions in transmission, technical disruptions, incorrect content, loss or deletion of data, viruses, or any other form of damage arising during participation, unless such damages are caused intentionally, grossly negligently, or by violating cardinal obligations by GGT or its agents. Damages caused by injury to life, body, or health are not covered by this liability disclaimer. Furthermore, GGT is not liable for lost profits, loss of earnings, and loss and/or destruction of personal items, etc. Liability due to force majeure (extraordinary, unforeseeable natural events and weather conditions) and damages resulting from it are excluded.

XI. Final Provisions

1. Legal recourse is excluded.

2. The law of the Federal Republic of Germany exclusively applies, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention) – unless the protection granted by mandatory provisions of the law of the state of habitual residence of the participant is not withdrawn by this (principle of favorability) for consumers.

3. Should individual provisions of these terms and conditions be or become invalid, the remaining provisions shall remain unaffected. In place of the invalid provision, the one that most closely corresponds to the originally intended purpose of the regulation shall apply.