Legal
Terms and Conditions for Giveaways
Terms of ViralSpoon GmbH for giveaways on our social media channels and our website. Last updated: October 2026.
These terms and conditions apply to all giveaways run by ViralSpoon GmbH on our social media channels and on our website. What you can win, how to enter and the closing date are stated in the respective giveaway post.
§ 1 Organiser
The giveaways are organised by ViralSpoon GmbH, Baseler Platz 6, 60329 Frankfurt am Main, Germany (“ViralSpoon” or “we”). We answer questions about a giveaway at marketing(at)viralspoon.de.
By entering, you accept these terms and conditions.
§ 2 Eligibility
(1) Entry is open to individuals aged 18 or over who live in Germany. Any exceptions (e.g. Austria, Switzerland) are stated in the giveaway post.
(2) To enter via social media, you need your own public profile on the respective platform. One profile counts per person.
(3) ViralSpoon employees and their relatives may not enter. The same applies to anyone involved in organising the giveaway.
(4) Entry is free of charge and does not depend on buying a product or entering into a contract.
§ 3 How to enter
(1) What you need to do to enter (e.g. follow the account, comment, tag someone) and by when is stated in the respective giveaway post.
(2) Only entries received within the stated period count. German time (CET/CEST) applies.
(3) Each person can win only once per giveaway. Multiple comments do not increase your chances of winning unless the post expressly says otherwise.
(4) Posts with offensive, racist, discriminatory or unlawful content will be deleted and excluded from the giveaway.
(5) If you submit content (e.g. photos or texts), you confirm that you hold the rights to it and that no third-party rights are infringed.
§ 4 Prizes
(1) What can be won and how many prizes are given away is stated in the respective giveaway post.
(2) Prizes cannot be paid out in cash, exchanged or transferred to another person. Exception: ViralSpoon agrees to the transfer in writing beforehand.
(3) For event tickets, the prize covers the ticket only. You bear the costs of travel, accommodation, food and any other expenses yourself unless the post says otherwise.
(4) If a prize cannot be delivered for reasons beyond our control (e.g. an event is cancelled), we may provide an equivalent replacement. There is no entitlement to a replacement.
(5) You are responsible for any taxes due on the prize.
§ 5 Selection and notification of winners
(1) Winners are drawn at random from all valid entries after the entry period ends.
(2) We notify winners by direct message on the respective platform, and only from our official account. We never ask for passwords, bank or credit card details, and we never ask for payment.
(3) Winners must respond within 2 days of notification and provide the details needed for delivery. If we receive no reply, the prize is forfeited and we draw a new winner.
(4) By entering, you agree that we may name your profile name as a winner on our channels. The data protection provisions in § 9 apply.
§ 6 Exclusion
We may exclude people from a giveaway, including retroactively, if they:
- breach these terms and conditions,
- provide false information,
- use fake profiles, bots or automated methods,
- manipulate or attempt to manipulate the giveaway in any other way.
In such cases, we may reclaim a prize that has already been awarded.
§ 7 Early termination
We may suspend or end a giveaway at any time without notice if it cannot continue as planned for good reason. Good reasons include technical faults, suspected manipulation or legal reasons. No claims against ViralSpoon arise from this.
§ 8 Liability
(1) ViralSpoon is liable without limitation for intent and gross negligence and for injury to life, body or health.
(2) In cases of slight negligence, we are liable only for breach of an essential obligation, limited to the typical, foreseeable damage.
(3) Where a prize is provided by a third party (e.g. an event organiser or partner), that third party is responsible for any defects in it.
(4) We are not liable for technical faults on the platforms that cause entries to be lost or delayed.
§ 9 Data protection
(1) The controller responsible for processing your data is ViralSpoon GmbH, Baseler Platz 6, 60329 Frankfurt am Main, Germany.
(2) We process your profile name and your entry (e.g. your comment) to run the giveaway. If you win, we also process your name, postal address or email address as far as needed to hand over the prize. The legal basis is Art. 6(1)(b) GDPR.
(3) If the prize has to be delivered via a partner (e.g. tickets sent by the event organiser), we pass on only the data needed for this to that partner.
(4) We delete the data once the giveaway has been completed, at the latest after 3 months. Statutory retention obligations remain unaffected.
(5) You have the right of access, rectification, erasure, restriction of processing, data portability and objection, and the right to lodge a complaint with a data protection supervisory authority. To exercise these rights, contact datenschutz(at)viralspoon.de.
(6) Data processing by the platforms themselves is governed by their own privacy policies. More on how we handle data: viralspoon.de.
§ 10 Platform disclaimer
The giveaways are in no way associated with Instagram, Facebook, Meta, LinkedIn, YouTube, TikTok or any other platform. They are not sponsored, endorsed or administered by them. ViralSpoon is the sole contact for all questions about a giveaway.
§ 11 Final provisions
(1) Recourse to the courts is excluded. This applies only to the selection of winners, not to your other statutory rights.
(2) The laws of the Federal Republic of Germany apply.
(3) We may change these terms and conditions for future giveaways. A running giveaway is governed by the version published when it started.
(4) If any provision is invalid, the remaining provisions remain valid.
Last updated: October 2026
