Social Media Sweepstakes - Terms and Conditions

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. 

1. General
   
   1.1. These Terms and Conditions ("T&Cs") govern Babbel’s Instagram voucher sweepstakes ("Sweepstakes").
   
   1.2. This Sweepstakes is administered by Babbel GmbH ("Babbel"), whose registered address is Andreasstraße 72 10243 Berlin, Germany.
   
   1.3. These T&Cs control the terms of this Sweepstakes. By participating in this Sweepstakes, (a) all participants fully and unconditionally accept and agree to these T&Cs; (b) you represent that you are not participating on behalf of any employer or third party; and (c) in the event you do not comply with these T&Cs that you understand that your entry will be disqualified and the prize (if any) will be forfeited. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited, taxed or restricted by law. Failure to comply with these T&Cs may result in disqualification of the entrant and/or respective Entry and forfeiture of the prize (if any).
   
   1.4. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Meta/Facebook, Instagram, X, TikTok or any other social network (“Social Network(s)”). Participants may not make any claims against any Social Networks arising in connection with participation in this Sweepstakes. You are providing your information and content to Babbel and you should contact Babbel exclusively in relation to any questions or other issues related to the Sweepstakes. Babbel reserves the right, among other things, to contact the entrants, or others in order to determine eligibility. Babbel’s decision with respect to all matters related to the Sweepstakes, including eligibility, will be in Babbel’s sole discretion and be final and binding.
   
   
   

2. Eligibility and How to Enter
   
   2.1. This Sweepstakes is open to participation for natural persons maintaining at the time of entry a permanent residence in the United States and its territories and who are 18 years of age or older as of the date of entry. Participation is limited to one Entry per person and household (whether related or not, and no bulk or third-party entries are permitted. Multiple entrants are not permitted to share the same Instagram account. Should multiple users of the same Instagram account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account holder of said Instagram account at the time of submission will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned the Instagram account. Entries generated by script, macro or other automated means or by any means that subvert the entry process are void. Any attempt to obtain more than the allowed number of entries per person by using multiple/different email addresses, identities, registrations, logins, and/or any other methods will void any entry by that entrant. Incomplete entries will be void. Babbel is not responsible for incomplete, lost, late, misdirected, incomprehensible, illegible, or damaged entries. Proof of submission shall not be deemed receipt by Babbel. Except as otherwise set forth herein, Entries become property of Babbel and will not be returned. Employees, agents, officials, contractors, directors and officers of Babbel or any  affiliated companies and other persons involved in the conception and implementation of the Sweepstakes (“Sweepstakes Entities”) as well as immediate family members (spouse, parent, child, sibling, grandparent, and/or “step”) of, and any persons domiciled with such aforementioned persons are not permitted to enter the Sweepstakes and are excluded from receiving any prize herein. 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.
   
   2.2. The Sweepstakes will be available for entry for eligible participants from October 23, 2024 until October 27, 2024 ("Entry Period"). Babbel's clock (Berlin, UTC+1) is the official time-keeping device in the Sweepstakes. Only those Entries received by Babbel during the Entry Period are eligible to enter the Sweepstakes.
   
   2.3. To enter the Sweepstakes and be eligible for the Prize (as defined below), a participant must:
   (a) Follow @babbel and @learnspanishbabbel;
   (b) Like this post; and
   (c) Tag a friend.
   
   2.4. Participation is free, and no purchase or payment is necessary to enter or win the Sweepstakes. A purchase or payment will not increase an entrant’s chances of winning. 
   
   2.5. Babbel reserves the right to: (a) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Sweepstakes, including these T&Cs, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Sweepstakes and/or awarding the Prize, at any time, for any reason, in particular if, in the sole discretion of Babbel, it is impossible or impractical to complete or conduct the Sweepstakes as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Sweepstakes, by any human error which may occur in the execution of this Sweepstakes, 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, or any other causes which affect the operation of the Sweepstakes or the rules or the integrity of the Sweepstakes have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an entrant in the Sweepstakes and/or (b) stop or conclude the Sweepstakes, at any time without prior notice. 
   
   2.6. Babbel, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who Babbel determines (in its sole discretion) is or is attempting to: (i) tamper with Babbel’s website and/or any part of the Sweepstakes; (ii) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, Babbel or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these T&Cs. In the event of any of the foregoing, Babbel at its complete discretion may notify entrants or Winner as it sees fit.
   
   
   

3. Entry Requirements
   
   3.1. Each entrant represents and warrants that its Entry complies with these T&Cs, all applicable laws and regulations, and the terms and conditions and standards of any applicable Social Network. Each entrant is solely responsible for all legal consequences of a publication of the Entry. Babbel shall be under no legal obligation to review the Entry and may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these T&Cs in any way.
   
   3.2. By submitting an Entry, entrant represents and warrants that (i) it is entrant’s original and true work, (ii) it has not been previously published and/or received previous awards, (iii) the Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, and (iv) publication of the Entry (or any part thereof) via various media including Babbel’s and its affiliated entities’ website(s) and social media channels will not infringe on the rights of any third parties. 
   
   3.3. Entries cannot (i) be obscene, offensive, or endorse any form of hate or group hate, or be sexually explicit or suggestive; threatening; profane; violent; derogatory of any ethnic, racial, gender, religious, professional or age group or sexual orientation; or pornographic; (ii) promote alcohol, illegal/prescription drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political or religious agenda or message; (iii) contain trademarks, logos or trade dress owned by others, or contain any personal identification (other than as related to the entrant), such as personal names, email addresses or street addresses; (iv) contain copyrighted materials owned by others without permission; (v) contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (vi) contain advertising or commercial messages of any kind owned by anyone other than Babbel or promote any brand or product of any kind (other than Babbel’s); (g) criticize Sweepstakes Entities or any other entrant; and (vii) contain any recruiting information of any kind. Entries may not promote any cause, be it religious, political, corporate, charitable, or otherwise. 
   
   3.4. By participating, entrant agrees to indemnify and hold harmless the Released Parties from any action or liability resulting from the publishing of the Entry and/or use of the Entry in accordance with these T&Cs.
   
   3.5. The copyright in any Entry Sentence shall remain the property of the entrant, but the entrant by submitting the Entry (and any additional comments the entrant posts together with the Entry), excluding any personal data which the Sweepstakes Entities are prohibited from using by law, entrant hereby grants entrant’s exclusive, royalty-free irrevocable and perpetual permission and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Entry, and the entrant’s name and/or likeness, in whole or in part, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by Babbel and/or others authorized by Babbel, in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the Entry. Babbel and/or others authorized by Babbel shall have the right to edit, adapt, and modify the Entry. Any such posting of the Entry, in and of itself, does not constitute any representation that Entry is eligible for the Sweepstakes or notification of selection of such Entry and related entrant as a prize winner.
   
   
   

4. Prize
   
   4.1. Babbel will award the Winner a single non-renewing, one-year voucher to use Babbel’s language learning app for any language for free for one (1) year ("Prize"). Vouchers are redeemable for up to three (3) months from the date they are issued. The Prize has an approximate value of $107.00. 
   
   4.2. Use of Babbel’s language learning app, by Winner or any other party, is subject to Babbel’s End User Terms and Privacy Policy. Any valuation of the Prize is based on available information provided to Babbel, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Winner must provide Babbel with valid identification and a valid taxpayer identification number or social security number before any Prize will be awarded. Any person winning over $600 in prizes from Babbel in a calendar year and subject to U.S. law will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
   
   4.3. The Prize is non-transferable, non-refundable, not for resale, and cannot be exchanged for or in cash. The Prize may be used by anyone eligible to use Babbel’s language learning services, but may require opening of a user account (free of charge) and accepting Babbel’s terms of use prior to use. Babbel reserves the right to substitute a prize of equal and greater value. The Prize is supplied in good faith and Babbel cannot be held responsible for any losses related to the Prize, including loss of the Prize itself. 
   
   4.4. THE PRIZE IS AWARDED “AS IS” AND BABBEL DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
   
   
   

5. Selection Process
   
   5.1. Babbel will select three (3) winners of the Sweepstakes ("Winner") from the Entries eligible to receive the Prize. The Winner will be selected at random by a drawing performed by Babbel employees from the eligible Entries submitted in accordance with these T&Cs ("Selection Process"). The Selection Process will take place on or around three (3) day(s) after the end of the Entry Period.
   
   5.2. The odds of winning the Prize will depend on the number of eligible Entries received. Babbel reserves the right to withhold and dispose of unallocated Prizes at its sole discretion.
   
   5.3. All costs and expenses associated with Prize acceptance and using the Prize, including but not limited to, any taxes, are the sole responsibility of the Winner, unless otherwise expressly provided in these T&Cs.
   
   
   

6. Notification of Winners
   
   6.1. All participants in the Sweepstakes consent that Babbel and its employees are allowed to contact participants through Instagram, email, or by any other way available to Babbel, solely for the purposes of communicating about winning and collecting the Prize.
   
   6.2.Entrants who have not won the Prize will not receive notification.
   
   6.3. If a prize notification is undeliverable, or 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 by a random drawing performed by Babbel employees from the participants eligible to receive the Prize. The Sweepstakes Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify potential Winner(s). A Winner may waive their right to receive the Prize. 
   
   6.4. 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.
   
   6.5. To claim a Prize, Babbel may require Winner to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, if necessary, postmarked within five (5) days of the date of the notification.  At Babbel’s discretion, Winner may be required to produce photo ID or some other form of proper identification to claim any Prize. Failure to sign and return the Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, or to comply with any term or condition of these T&Cs, may result in the Winner’s disqualification, the forfeiture of the Winner’s interest in the Prize, and the award of the Prize to a substitute winner.
   
   
   

7. Final provisions
   
   7.1. The Sweepstakes and these T&Cs are exclusively governed by the laws of the state of New York excluding any conflict of law provisions. The United Nations Convention on the International Sale of Goods shall not apply to the Sweepstakes or these T&Cs. Each entrant irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against Babbel in any way arising from or relating to the Sweepstakes or these T&Cs in any forum other than the United States federal courts or state court located in the State of New York, in each case in the City of New York, New York. Each entrant irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in such courts. Each entrant agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
   
   7.2. To the fullest extent permissible by law, by participating, entrants release and agree to hold harmless each of the Sweepstakes Entities and their respective subsidiaries, affiliates, officers, directors, employees and agents (the “Released Parties”) from and against any claim or cause of action and any and all liability with respect to or in any way arising from, this Sweepstakes or acceptance, possession, receipt or use/misuse of the Prize.  Further, to the fullest extent permissible by law, the Released Parties will not be liable to entrants, participants, the Winner, or any third parties for damages, losses resulting from or due to their participation in the Sweepstakes, nor will the Released 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 Sweepstakes. As a condition to entering the Sweepstakes, each entrant agrees that: under no circumstances will the entrants or Winner be permitted to obtain any award for, and the entrants and Winner hereby waive all rights to any claim(s), punitive, incidental or consequential damages, or any other damages whatsoever, including attorneys’ fees.  All causes of action will be resolved individually, without resort to any form of class action.  THE PARTIES WAIVE ALL RIGHT TO TRIAL IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE T&Cs. In no event will any entrant or Winner be entitled to rescind this agreement or seek injunctive or any other equitable remedy.
   
   7.3. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Released Parties assume no responsibility for lost, late, mutilated, illegible, incomplete or misdirected entries, or for any error, human, technical or otherwise, which may occur in the processing of Sweepstakes entries, administration of the Sweepstakes or the announcement of the Prize/Winner including, without limitation, any technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry received by Babbel on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Sweepstakes, any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes;  technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; unauthorized human intervention in any part of the entry process or operation of the Sweepstakes; or  technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BABBEL RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. BABBEL ALSO RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT.
   
   7.4. If any provision 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.
   
   7.5. Any personal data relating to the Winner or participants supplied by them as a part of this Sweepstakes will be used by Babbel solely in accordance with applicable law and will not be disclosed or sold to any third party without the entrant’s prior consent. The information you provide will be used by Babbel in conjunction with its Privacy Statement found at http://about.babbel.com/en/privacy/ (including the addendum attached hereto).
   
   7.6. For a copy of these T&Cs or name of winner (available after October 31, 2024), send a self-addressed, stamped envelope to “Winners List/T&Cs" (as applicable), Instagram Voucher Sweepstakes, c/o Babbel Inc., 285 Madison Avenue, 26th Floor, New York NY 10017. If you have any questions regarding the contest, please contact Anais Lorentz at alorentz@babbel.com. 

October 2024

Privacy Addendum for the Babbel Social Media Voucher Sweepstakes

This data privacy notice explains to participants how the personal data they provide is collected and used and is subject to and incorporated into the Babbel Privacy Policy at https://about.babbel.com/en/privacy/. 

Any personal data relating to the Winner or entrants supplied by them as a part of the Sweepstakes will be used by Babbel solely in accordance with current E.U. data protection legislation, U.S. privacy laws and the laws of any other jurisdictions applicable to Babbel and the promotion and will not be disclosed or sold to any third party without the entrant’s prior consent. 

Should any personal data be submitted by the Winner or any entrants, then each saved, used or otherwise edited personal data will only be processed for the purpose of conducting the Sweepstakes and, in particular, for contacting the entrant in the event of a win.

The following data is requested: clear name (i.e. first and last name), date of birth, and complete address]. Personal data will not be passed on to third parties. Participants' data will be treated with absolute confidentiality and deleted within sixty (60) days after the Sweepstakes has been completed. Personal data will not be passed on to third parties in any other way.

Entrant can request the deletion of their data at any time via email to privacy@babbel.com. A correction of the data can also be initiated in the same way. The deletion of the personal entrant data will be confirmed by e-mail at the request of the respective entrant. If the entrant requests deletion of the data during the Sweepstakes period, it will not be possible for this entrant to take part in the Sweepstakes, so that in this case the entrant will be excluded from the Sweepstakes. If a winner has requested the deletion of the data before the prize is sent, it will not be possible to send the prize, so that in this case the winner's claim to the prize will be forfeited.

October 2024