Conditions of participation and data protection information
These conditions of participation and data protection information (hereinafter collectively referred to as "Conditions of Participation") apply to participation in our sweepstakes and contests referenced herein (hereinafter referred to as "Sweepstakes(s)").
The conditions of participation contain rules, among other things, for participation, information on the prizes and on the processing of the participants' data and their rights of objection and revocation. The terms used are not gender-specific.
Table of contents
- Reference to the lottery announcement
- Definition of the term
- Age restriction
- Local restriction
- Start and end of the competition
- Information on profits
- Winner notification and prize entitlement
- Further notes on winnings
- Responsibility of the participants
- Use of the competition entries
- Naming of the raffle participants
- Sweepstakes within online platforms
- Notes on warranty and liability
- Subscribe to the newsletter
Elke Hockauf, Authentic Eco
Ludwigshafener Street 11
E-mail address: firstname.lastname@example.org
The Sweepstakes is conducted in cooperation with (hereinafter referred to as "Sponsor(s)"):
1. reference to the competition announcement
Details of the entry requirements, actions to be taken, the duration of the competition, individual sections of the competition and any prizes may also be set out in the descriptions provided to entrants as part of the competition. These detailed descriptions take precedence over the terms and conditions of entry.
2. definition of the term "content
"Content" for the purposes of these Terms and Conditions means all content and information uploaded, entered or otherwise communicated by entrants as part of the Competition, such as photographs, graphics, videos, text, comments or details of places and people
3. age restriction
Participation is only possible from the age of 18.
4. local restriction
In order to participate, you must have your domicile, registered office or place of habitual residence in the region(s) listed below:
5. start and end of the competition
The competition ends on the date specified in the post on Instagram or Facebook.
6. information on profits
In the following we inform the participants about the prizes we raffle off as well as their modalities.
The winner will win the product announced in the post on Instagram or Facebook.
Determination of the winnersWinners will be selected at random.
7. winner notification and claim to the prize
Winners will be notified promptly via the specified contact method (e.g., email or the messaging system of a social network if specified or if the sweepstakes takes place within the network).
Participants may be asked to return and collect or otherwise claim their prizes within a reasonable time. In the event that you are unable to attend, please provide feedback so that we can arrange an alternative date, if possible and reasonable.
Participants are responsible for the accuracy of the contact details provided. If winners cannot be notified due to incomplete or incorrect contact details, the claim to the prize will lapse.
Payment of winnings in cash or in kind, their exchange or transfer to other persons is not possible, unless otherwise stated or promised.
Details of the feedback, or claiming of winnings:
If the winner does not respond to our communication within 3 days, a new winner will be drawn.
8. further notes on prizes
Please note the further information about the prizes:
Exclusion of transfer and payment of profitsThe right to win is not transferable. A payment of the winnings in cash or an exchange is not possible.
9 Responsibility of the participants
We are not responsible for the conduct and content published by participants in the context of the competition and do not adopt this as our own. Furthermore, we are not obligated to check them, but reserve the right to cancel their publication if there are concrete indications that the content violates legal requirements, official prohibitions, third party rights or morality.
Exclusion in case of abuseWe reserve the right to exclude participants who, without this being expressly permitted, use multiple e-mail addresses, social media accounts or the like to increase their chances of winning, who technically manipulate the competition or the course of the game or who otherwise violate these conditions of participation or the law, at any time and without prior notice from participating in the competition, subject to the criteria of reasonableness.
No harassment of other personsParticipants must not harass other persons as part of the competition. For example, any message, forwarding or sharing features may not be used to send messages if it is likely that the recipients will not want to receive them.
Exclusion of lottery entry brokersThe participation of lottery agencies and other automatically generated mass participation procedures is expressly excluded and will not be taken into account in the determination of the lottery winners.
Exclusion of click generators and similar mass voting proceduresProhibited manipulations include the use of "click-workers", click generators, acquisition of vote counts and likes or comparable services. Especially in the case of complaints, we must intervene in such cases to protect other participants and their fair chances of winning.
We make exclusion decisions to the appropriate extent and on the basis of factual criteria as well as objective evidence, such as the rapid rise of a vote within a very short period of time. In the event of an exclusion, gains and benefits can also be subsequently revoked and reclaimed.
Responsibility for contentsEntrants are responsible for the content they publish as part of the competition. We and our sponsor are not responsible for the conduct of the participants and the content published by the participants as part of the competition and do not adopt this as our own. Furthermore, we are not obliged to check such content, but as the organiser of the competition we reserve the right to delete its publication if there are concrete indications that the content violates legal requirements, official prohibitions, the rights of third parties or offends common decency.
Participants must ensure that they have the necessary rights of use to the content for participation in this competition and that its use within the framework of these conditions of participation does not violate legal regulations, morality and/or the rights of third parties.
If photos or videos show persons other than the participants, the submission of such photos or videos is only permitted if the consent of the persons shown has been obtained and their personal and data protection rights are not violated. Photos or videos that were not taken by the participants themselves may only be submitted if their authors have given their consent.
ExemptionInsofar as claims are made against us or our sponsor due to content that violates the law or official orders, the rights of third parties or these conditions of participation, for which participants are responsible, participants shall indemnify us or our sponsor(s) against the claims and support us or the sponsor in defending against the claims. The indemnity includes the necessary legal defence costs.
10. use of the competition entries
For the purposes of reporting on the competition, its promotion and the presentation of the entries and winners by us or by our sponsor(s) in online media (e.g. on websites and in social media) or in print media, the participants grant us the simple right, unrestricted in time and place, to reproduce the entries provided by them to us as part of the competition. on websites and in social media) or in print media free of charge, unlimited in time and place, the simple right to reproduce, distribute and make publicly accessible the participant entries provided to us by them in the context of the competition, to edit them in compliance with the personal rights of the participants and to transfer the exercise of these rights to commissioned third parties, such as technical service providers or agencies. The statutory rights of revocation remain unaffected.
11. naming of the raffle participants
The names of the participants may be publicly disclosed in connection with the competition or presentation of the participant entries and winners by us or by our sponsor(s) in online media (e.g. on websites and in social media) or in print media. Participants may object to this at any time for the future.
The two winners will be announced on Authentic Eco's Facebook and Instagram feed with their respective account names.
12. competitions within online platforms
If the competition takes place within an online platform or a social network (e.g. Facebook or Instagram, hereinafter referred to as "online platform"), the following provisions shall also apply.
Participants may not assert any claims against the online platform arising in connection with participation in the competition or its use. The participants acknowledge that the competition is in no way sponsored, supported or organised by the online platform or is in no way connected to the online platform. All information and data provided by or collected from entrants as part of the Competition will be provided only to us and not to the Online Platform. We request that all enquiries and notices relating to the Competition be directed to us and not to the Online Platform.
If we receive data of the participants from the online platform on the basis of their permission or another legal authorization, the use, storage and other processing of this data will only take place for the purposes stated in the context of the competition (e.g. if we can pre-enter the e-mail address of the users in a competition form).
Should participants be requested to enter access data, then this data will be processed by the provider of the online platform. In particular, we do not receive access to the passwords of the participants.
In addition to these Terms and Conditions of Participation, the applicable terms and conditions and data protection notices of the online platform shall apply in relation to the online platform. Further information on the consent process, information on consent granted and options to revoke such consent can be found in the data protection notices of the online platform.
The competition is in no way sponsored, endorsed or organised by Instagram or Facebook. Contact person and responsible person is only Authentic Eco.
13. notes on warranty and liability
We would like to point out that the raffle and the prizes are voluntary services on our part, for which the same scope of warranty and liability does not apply as for example in the case of a purchase of the raffled prizes independent of the raffle.
Restrictions on the guarantee of profitsWe are not liable, subject to our own fault in accordance with the regulations in the liability notes of these conditions of participation, for items and services won that are not offered by ourselves. In all other respects, the warranty and guarantee conditions of the respective providers of the items and services apply, insofar as these do not restrict the participants and can be transferred by us to the participants.
Discontinuation or restriction of the competitionWe would like to point out that the availability and function of the competition can only be guaranteed within the bounds of reasonableness for us and the participants. The competition may be terminated by us at any time, in particular due to external circumstances and constraints. External circumstances and constraints include, in particular, technical problems, legal changes or mandatory measures by third parties that are beyond our control.
Deviations in profitsThe prizes shown as part of the competition description may differ from the items or services presented to the winners, provided that they are equivalent in terms of the prizes described from the point of view of an average participant. According to this condition, there may be differences in model, colour, location or similar.
LiabilityThe following exclusions and limitations of liability shall apply to our liability for damages, without prejudice to the other statutory requirements for claims.
Insofar as liability on our part is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents as well as to any liability of the sponsor(s). We are liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper implementation of the competition possible in the first place and on the observance of which the contractual partners regularly rely (so-called cardinal obligations). In this case, however, we shall only be liable for the foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of the obligations mentioned in the above sentences by others. We shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. In the event of a grossly negligent breach of duty by our vicarious agents, the aforementioned restrictions shall apply to the slightly negligent breach of essential duties.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of guarantees for the quality of a product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Legal actionLegal recourse is excluded with regard to the drawing of the winners and the possible judging of the submitted competition entries.
14. newsletter registration
We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. For the rest, our newsletters contain information about our services and us.
To subscribe to our newsletters, it is generally sufficient to provide your e-mail address. However, we may ask you to provide a name for the purpose of a personal address in the newsletter, or further details if these are required for the purposes of the newsletter.
The registration for our newsletter is always carried out in a so-called double opt-in process. This means that you will receive an e-mail after registration in which you will be asked to confirm your registration. This confirmation is necessary so that no one can register with other e-mail addresses. The registrations to the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Likewise, changes to your data stored with the shipping service provider are logged.
We may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove consent formerly given. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time. In the event of obligations to permanently observe objections, we reserve the right to store the e-mail address in a blacklist for this purpose alone.
The logging of the registration process takes place on the basis of our legitimate interests for the purpose of proving its proper course. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure sending system.
The newsletter is sent on the basis of the recipients' consent or, if consent is not required, on the basis of our legitimate interests in direct marketing, if and insofar as this is permitted by law, e.g. in the case of existing customer advertising. Insofar as we commission a service provider to send e-mails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests in order to prove that it has been carried out in accordance with the law.
Measuring successThe newsletters contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a shipping service provider, from their server. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of the retrieval are initially collected.
This information is used for the technical improvement of our newsletter based on the technical data or the target groups and their reading behaviour based on the retrieval locations (which can be determined with the help of the IP address) or the access times. This analysis also includes determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the dispatch service provider to observe individual users. The evaluations serve us rather to recognize the reading habits of our users and to adapt our content or to send different content according to the interests of our users.
Information about us, our services, promotions and offers.
15. data protection information
We process personal data (hereinafter also referred to as "data") of the participants of sweepstakes and contests only in compliance with the relevant data protection provisions, insofar as the processing is necessary for the provision, implementation and execution of the sweepstakes (Art. 6 para. 1 p. 1 lit. b. DSGVO), the participants have consented to the processing (Art. 6 para. 1 p. 1 lit. a DSGVO) or the processing serves our legitimate interests (e.g. in the security of the sweepstakes or in the protection of our interests against abuse through the possible collection of IP addresses when submitting sweepstakes entries).
Participants' data will only be transmitted to other bodies if this is necessary for the implementation of the competition (e.g. for the dispatch of prizes by sponsor(s) or to technical service providers or agencies commissioned in connection with the implementation) or if a participant has consented to the transmission.
We inform the participants in the context of the competition which of their details are required for participation.
The participants' data will be deleted as soon as the competition has ended and the data is no longer required to inform the winners or because queries about the competition are to be expected. In principle, the participants' data will be deleted no later than 6 months after the end of the competition. Winners' data may be retained for longer, e.g. in order to answer queries about the prizes or to fulfil the prize obligations; in this case, the retention period depends on the type of prize and is up to three years in the case of goods or services, for example, in order to be able to process warranty claims. Furthermore, the participants' data may be stored for longer, e.g. in the form of reporting on the prize draw in online and offline media.
If data was also collected for other purposes within the scope of the competition, its processing and the retention period are governed by the data protection information for this use (e.g. in the case of a registration for the newsletter within the scope of a competition).
If we process your data in any other way or provide additional information on the processing of your data, we will provide a link to our data protection declaration and refer to it.
As data subjects, the participants are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:
- Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
- Right to withdraw consent: You have the right to revoke any consent you have given at any time.
- Right to Information: You have the right to obtain confirmation as to whether or not personal data in question is being processed and to obtain information on such data and a copy thereof in accordance with the law.
- Right of rectification: In accordance with the law, you have the right to request that data concerning you be completed or that inaccurate data concerning you be corrected.
- Right to erasure and restriction of processing: In accordance with the statutory provisions, you have the right to demand that data relating to you be deleted immediately, or alternatively, in accordance with the statutory provisions, to demand restriction of the processing of the data.
- Right to data portability: You have the right to receive data concerning you, which you have provided to us, in a structured, common and machine-readable format in accordance with the legal requirements, or to demand that it be transferred to another responsible party.
- Complaint to supervisory authority: You also have the right, in accordance with the law, 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, if you consider that the processing of personal data relating to you infringes the GDPR.