1. General
1.1 Welcome to the Terms and Conditions for the BabbelBrag Contest Giveaway (“Giveaway”).
1.2 Lesson Nine GmbH, doing business as Babbel (“Babbel”), whose registered address is Max-Beer-Str. 2, 10119 Berlin, Germany, is giving away:
- Canon PowerShot G9 X Mark II Digital Camera
- An individual non-renewing, one-year voucher to use Babbel’s language learning software. The voucher is for one single language of the winner’s choice, selected from the 14 languages offered by Babbel (excluding special services like Babbel live or Babbel English Test).
1.3 By entering this Giveaway, all participants fully and unconditionally accept and agree to these Terms and Conditions (“T&Cs”).
2. Eligibility
2.1 The Giveaway will be available for entry for eligible participants from 4 March 2019 until the end of the 5 April 2019 CEST (“Entry Period”).
2.2 To enter the Giveaway and be eligible for the Prize (as defined below), a participant must post a photo and caption on the topic “Telling a story of a proud moment speaking a different language” on Instagram with the hashtag #BabbelBrag during the Entry Period. The participant’s photo must be set for public visibility;
2.3 Participation is free, and no purchase is necessary to enter the Giveaway.
2.4 No person has a binding right to participate in the Giveaway. The participation of an entrant who has met the requirements set forth here in the T&Cs is personnel and cannot be transferred. Participants may not request the exchange or replacement of prizes, nor their cash value. Babbel’s decision in respect of all matters to do with the Giveaway will be final.
2.5 The Giveaway is only open to people aged 18 or over. Proof of identity and age may be required. Eligibility for the Giveaway is also limited to one entry per person and household, and no bulk or third-party entries.
2.6 Employees of Babbel, or any affiliated company, or their family members or anyone else connected in any way with the Giveaway or helping to set up the Giveaway shall not be permitted to enter the Giveaway and are excluded from receiving any prize therein.
2.7 Any misuse, manipulation of the system or breach of these T&Cs in order to attempt any kind of participation through any method, means or process other than the one outlined in these T&Cs could implicate an exclusion of the respective participant. Babbel reserves the right to refuse entry to any possible participant and the right to withdraw access at any time for any reason and without giving any reason.
3. Prize
3.1 CANON POWERSHOT G9 X MARK II DIGITAL CAMERA AND AN INDIVIDUAL NON-RENEWING, ONE-YEAR VOUCHER TO USE BABBEL’S LANGUAGE LEARNING SOFTWARE. THE VOUCHER IS FOR ONE SINGLE LANGUAGE OF THE WINNER’S CHOICE, SELECTED FROM THE 14 LANGUAGES OFFERED BY BABBEL (EXCLUDING SPECIAL SERVICES LIKE BABBEL LIVE OR BABBEL ENGLISH TEST).
3.2 The Prize is non-transferable, non-refundable, not for resale, and cannot be exchanged for cash. The Prize is supplied in good faith and Babbel cannot be held responsible for any changes or cancellation in times or dates.
4. Drawing by Random Selection
4.1 Babbel will select each winner of the Giveaway (“Winner”) from the eligible entrants to receive the Prize. Each Winner will be selected at random among the participants by a drawing performed by Babbel employees from the eligible entries submitted in accordance with Paragraph 2, above (“Selection Process”). The Selection Process will take place no later than 3 day(s) after the end of the Entry Period.
4.2 There will be one (1) Prize Winner selected according to the Selection Process.
4.3 Decisions of Babbel relating to the Selection Process and all matters relating to the Giveaway will be final and binding. The odds of winning the Prize will depend on the number of eligible entries received. Babbel reserves the right to withhold and dispose unallocated Prizes at its sole discretion.
5. Notification of Winners
5.1 All participants of the Giveaway agree that Babbel, their agencies, and/or their agents are expressly allowed to contact participants through Instagram, or by any other way selected by the participant, solely for the purposes of informing them about winning and obtaining the Prize.
5.2 Entrants who have not won the Prize will not receive notification.
5.3 If a Winner cannot be contacted or does not claim the Prize within seven (7) days of notification, Babbel may at its discretion withdraw the Prize from the chosen Winner and pick a replacement winner.
5.4 Babbel is not responsible for any delay or failure to receive notification for any reason, including inactive Instagram or email accounts, technical difficulties associated therewith, or an entrant’s failure to adequately monitor any account.
5.5 Provision about the actual delivery of the prize. (Shipping costs, etc.)
6. Jurisdiction and Liability
Babbel and its affiliates, officers, directors, employees and agents (collectively “Babbel Parties”) will not be liable to entrants, participants, Winners, or any third parties for damages, losses resulting from or due to their participation in the Giveaway, nor will Babbel Parties be liable for any technical issue, human mistakes, or deliberate actions by third parties that might interrupt or alter the due course of this Giveaway. The exclusion does not extend to damage claims asserted by the participants or the Winner arising from death or injury to body or health.
7. Right to Alter or Amend
7.1 Babbel reserves the right to cancel or amend the Giveaway and these T&Cs without notice in the event of a catastrophe, war, acts of god, disturbance, or any actual or anticipated breach of any applicable law or regulation or any other event outside of Babbel’s control or any circumstances not attributable to Babbel.
7.2 For any changes to the Giveaway, Babbel will notify participants or Winners as soon as possible.
8. Invalidity
If any of these T&Cs are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these T&Cs are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
9. Data Protection and Publicity
9.1 All entrants to the Giveaway hereby grant to Babbel the right to use, refer to, modify, publish, publicly display, create derivative works of, and otherwise use the information provided to Babbel as a part of the Giveaway, including the photos submitted, but excluding any personal data.
9.2 Any personal data relating to the Winner or participants supplied by them as a part of this Giveaway will be used by Babbel solely in accordance with current E.U. data protection legislation and will not be disclosed or sold to any third party without the entrant’s prior consent.
9.3 Should any personal data be submitted by the Winner or any participants, then each saved, used or otherwise edited personal data will only be processed for the purpose to realize the Giveaway.
9.4 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other Social Network. By entering this giveaway, you release Instagram of any and all liability. You are providing your information and content to Babbel and only Babbel should be contacted with questions. The information you provide will be used by Babbel in conjunction with its Privacy Statement found at http://about.babbel.com/en/privacy/.
Berlin, 21.02.2019