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Competition Terms and Conditions


1. Scope  

 

These terms and conditions apply to all prize draws conducted by Babauba Fashion GmbH , Kothingried 9 , 85408 Gammelsdorf (hereinafter referred to as " the Organizer " ) . By participating, each participant acknowledges these terms and conditions.  

 

This giveaway is in no way affiliated with Facebook or Instagram . It is not sponsored, endorsed , or administered by Facebook or Instagram and does not create any legal claims against Facebook or Instagram . All information relating to this giveaway is provided exclusively by the organizer.  

 

2nd participation  

 

2.1 Participation is open to any natural person acting in their own name and aged 18 or older. Participants who have reached the age of 16 but are not yet of legal age may only participate in the competition with the consent of their legal guardian(s).  

 

2.2 Minors under the age of 16 and those who are legally incapacitated are excluded from participation .  

 

2.3 The organizer reserves the right to exclude persons from participation who violate these terms and conditions or who gain or attempt to gain an advantage over other participants through improper influence or manipulation of the competition . In such cases , the organizer may also subsequently exclude participants from the competition , revoke prizes, and reclaim them .  

 

2.4 Participation is only possible within the period specified in the competition description .  

 

2.5 Employees of the competition organizer, as well as employees of the companies involved in this competition and their direct relatives are excluded from participation in the competition .  

 

3. Implementation of the prize draw  

 

3.1 The requirements for participation in the prize draw will be communicated when the opportunity to participate arises . The prize draw will be conducted during the specified period . All participants who meet the requirements stated in sections 2 and 3 by the respective draw date will be considered . Immediately after the closing date for entries, the winner will be drawn at random from among the participants.  

 

3.2 Changes to or cash payments of the prize are excluded. The prize is non - transferable.  

 

4. Profit settlement  

 

4.1 The winner will be notified by email from the organizer. Regarding the prize, each participant so notified is obligated to inform the organizer within one month of receiving the notification whether they accept the prize. If the organizer does not receive such notification within this period , the possibility of accepting the prize expires , and the organizer reserves the right to select and notify another participant.  

 

4.2 If the contact details provided by the participant are incorrect (e.g., email address), the organizer is not obligated to determine the correct information. Any disadvantages resulting from providing incorrect contact details (e.g., an incorrect email address) are the responsibility of the participant.  

 

4.3 In the case of a prize draw, the entitlement to this shall also lapse, irrespective of point 4.1, if the delivery of the prize voucher cannot take place within 6 months after the first notification by the organizer of the win for reasons attributable to the winner.  

 

5. Liability for Defects  

 

The organizer is only liable for damages incurred by the winner due to material and/or legal defects in cases of fraudulent intent, willful misconduct, or gross negligence . Otherwise , liability for material and / or legal defects is excluded .  

 

6. Premature termination, adjustment or modification of the competition  

 

The organizer is entitled to terminate, adapt or change the competition at any time without prior notice and without giving reasons if the proper conduct of the competition cannot be guaranteed for technical or legal reasons without appropriate measures .  

 

7. Applicable Law  

 

All legal relations between the parties are governed by the laws of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence .  

 

8. Data protection  

 

The entity responsible for data processing in connection with the competition is:  

 

Babauba Fashion GmbH , Kothingried 9 , 85408 Gammelsdorf  

 

The designated controller is jointly responsible with Facebook and Instagram (Meta Platforms Ireland Ltd., Merrion Road, Dublin 4, D04 X2K5, Ireland ) for the data processing on the Facebook or Instagram fan page on which the competition is held, within the meaning of Art. 26 GDPR.  

 

8.1. Processing of your personal data in connection with the prize draw  

 

We process your personal data for the proper execution and processing of the prize draw and, in particular, for sending the prize.  

 

To conduct the prize draw, the profile name and, if provided, the first and last name of each participant will be collected and stored. For the purpose of sending the prize, we will also collect the winner's/winners' address and forward this data to a shipping company commissioned by us. Your data will not be shared with any other third parties.  

 

The legal basis for this processing of your personal data is Art. 6 para. 1 lit. b GDPR (performance of pre -contractual measures and fulfillment of a contract).  

 

If we publish the winner's Facebook or Instagram name( s) separately on our profile or fan page , or announce it externally, for example in our online shop, this will only be done with the winner's prior express consent in accordance with Art. 6 para. 1 lit. a GDPR.  

 

8.2. Storage duration  

 

After the competition has ended, your personal data processed in connection with the competition will be deleted no later than three months after the end of the competition , unless there is effective consent for further processing (e.g. regarding newsletter distribution) and/or we have a legitimate interest in continuing to store the data.  

 

8.3. Your rights as a data subject  

 

Current data protection law grants you the following rights as a data subject :  

 

- Right of access pursuant to Art. 15 GDPR:  

 

In particular, you have the right to information about your personal data processed by us, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure , restriction of processing, objection to processing, lodging a complaint with a supervisory authority , the origin of your data if they were not collected from you by us, the existence of automated decision-making, including profiling , and, where applicable, meaningful information about the logic involved and the significance and the envisaged consequences of such processing for you, as well as your right to be informed of the safeguards pursuant to Article 46 GDPR relating to the transfer of your data to third countries ;  

 

- Right to rectification pursuant to Art. 16 GDPR:  

 

You have the right to immediate rectification of inaccurate data concerning you and/or completion of incomplete data stored with us ;  

 

- Right to erasure pursuant to Art . 17 GDPR:  

 

You have the right to request the erasure of your personal data if the conditions of Article 17(1) GDPR are met. However, this right does not exist, in particular, if the processing is necessary for exercising the right of freedom of expression and information , for compliance with a legal obligation, for reasons of public interest , or for the establishment, exercise , or defense of legal claims .  

 

- Right to restriction of processing pursuant to Art. 18 GDPR:  

 

You have the right to request the restriction of the processing of your personal data while the accuracy of your data, which you have contested, is being verified ; if you object to the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data; if you need your data for the establishment, exercise or defense of legal claims after we no longer need this data after the purpose has been fulfilled; or if you have objected on grounds relating to your particular situation, pending verification of whether our legitimate grounds override your interests .  

 

- Right to information pursuant to Art . 19 GDPR:  

 

If you have asserted your right to rectification, erasure , or restriction of processing against the data controller, the controller is obligated to communicate this rectification, erasure , or restriction of processing to all recipients to whom your personal data has been disclosed, unless this proves impossible or involves disproportionate effort . You have the right to be informed about these recipients .  

 

- Right to data portability pursuant to Art. 20 GDPR:  

 

You have the right to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format, or to request its transmission to another controller, insofar as this is technically feasible;  

 

- Right to withdraw consent pursuant to Art. 7 para. 3 GDPR:  

 

You have the right to withdraw your consent to the processing of your data at any time with effect for the future. In the event of withdrawal, we will delete the data concerned immediately , unless further processing can be based on a legal basis that does not require consent . The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal .  

 

- Right to lodge a complaint pursuant to Art. 77 GDPR:  

 

If you believe that the processing of your personal data infringes the GDPR , you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, without prejudice to any other administrative or judicial remedy .