Conditions of participation for the BAINA giveaway on Instagram
Sweepstakes: BAINA Giveaway
1.1 The "BAINA Giveaway" competition is the responsibility of HUMAN NEST, Beim Grünen Jäger 2, 20359 Hamburg
1.2 The competition will take place during the campaign period from September 15, 2022 to September 30, 2022, 11:59 p.m.
1.3 Participation is voluntary, free of charge and not linked to a purchase obligation. The participants (in the following, personal designations apply equally to persons of male, female or various genders) only have to bear the costs associated with participation via the Internet (user fee for Internet connection).
1.4 The competition is not connected to Facebook and Instagram and is in no way sponsored, endorsed or organized by Facebook or Instagram. All questions, comments and complaints should be directed to HUMAN NEST. By confirming the conditions of participation, participants acknowledge that they cannot raise any claims against Facebook or Instagram if they participate in the competition.
2 Participation, Procedure and Determination of Winners
2.1 In order to participate in the competition, the participant must answer a question in the comments below the post on Instagram (@humannestdesign) of 09/15/2022.
2.2 At the end of the campaign period, a BAINA towel and a face towel will be raffled off among all participants and a winner will be determined in a non-public draw.
2.3 The winners will be contacted via Instagram and then have to submit their contact details to HUMAN NEST.
2.4 Natural persons residing in the EU who have reached the age of 18 are eligible to participate. Employees of HUMAN NEST and their relatives are excluded from participation.
2.5 It may only be entered once per person.
2.6 Participation can only take place via the Internet. Participation via competition services, automated mass participation processes by third parties or other manipulations is not permitted. Participation is also excluded from persons who access the campaign page via online voucher portals.
2.7 In the event of a violation of these conditions of participation, HUMAN NEST reserves the right to exclude the participant from the competition. If necessary, the winnings can be revoked and reclaimed in this case.
3.1 One towel and one face towel from BAINA will be raffled among all participants at the end of the campaign period.
3.2 The non-cash prizes will be sent by HUMAN NEST by parcel service to the address given in the entry form. Delivery is free within the EU. The winner must bear any additional transport costs and customs duties.
3.3 The item presented as a prize in the competition is not necessarily identical to the item drawn. Rather, there may be deviations in terms of model, color or similar. HUMAN NEST may select an item of average type and quality of equivalent value to the item presented as a prize.
3.4 HUMAN NEST reserves the right to make further prize distributions for the purpose of participant incentives.
3.5 A cash payment for the products or any product replacement is not possible. The profit claim is non-transferable.
4 Data protection/consent to use personal data
4.2 By participating in the "BAINA Giveaway" competition, the participant agrees that HUMAN NEST may use their personal data to carry out the competition.
4.3 I agree to HUMAN NEST that my personal data mentioned above will be stored and processed in order to participate in the competition.
I can revoke my declaration of consent at any time with future effect to HUMAN NEST or by email to email@example.com. There are no special fees (beyond the regular transmission fees). (Further) participation in the competition is not (or no longer) possible if I do not give my consent or withdraw my consent.
4.4 In the event of a prize in kind, the participant's data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery/delivery of this prize to the participant. The personal data will not be transmitted to other third parties or used for other advertising purposes without the consent of the participant, unless we are legally obliged to release data or we engage third parties who are bound to professional secrecy to enforce our claims .
4.5 The legal basis for this data processing is Article 6 Paragraph 1 Letter b GDPR (which allows the processing of data to fulfill a contract or pre-contractual measures), Article 6 Paragraph 1 Letter f GDPR (which allows the processing of data to safeguard the legitimate interests of the data controller) and Article 6(1)(a) GDPR (which allows data processing based on your consent).
4.6 As the person concerned, the participant has the right to information about the processed personal data (Art. 15 Para. 1 and 2 GDPR) as well as the right to deletion (Art. 17 GDPR) and correction (Art. 16 Sentence 1 GDPR), e.g. incorrect data and to blocking (Art. 18 GDPR), to data transferability (Art. 20 GDPR), as well as a right of appeal to the competent supervisory authority in the event of data violations on our part. The participant can find the contact details for exercising these rights as well as the contact details of our data protection officer and further details regarding the processing and use of personal data in our data protection declaration at https://humannestdesign.com/pages/datenschutz
5 Limitation of Liability
5.1 All information provided by HUMAN NEST is provided without guarantee.
5.2 Insofar as the winner asserts claims in connection with the product received, these are to be directed, insofar as legally permissible, directly against the manufacturer/dealer, supplier, tour operator or other service provider. Should HUMAN NEST have any claims in this regard, these will be assigned to the respective winners.
5.3 HUMAN NEST is liable for damages - for whatever legal reason - only in the event of intent and gross negligence on the part of HUMAN NEST, its legal representatives or vicarious agents and in the event of culpable violation of essential contractual obligations. Significant contractual obligations are those that make it possible to carry out this product test in the first place and on which the participant could and did rely. In the event of only slightly negligent violation of essential contractual obligations, liability is limited to compensation for the damage that is typical for the contract and foreseeable at the time the campaign page was used. This limitation of liability does not apply to damage to life, limb or health culpably caused by HUMAN NEST, its legal representatives or its vicarious agents, nor to liability under the Product Liability Act.
5.4 The above limitation of liability applies in particular to damage caused by errors, delays or interruptions in the transmission of data or similar, disruptions to the technical systems or the service, incorrect content, loss or deletion of data, viruses.
6.1 The law of the Federal Republic of Germany is applicable.
6.2 Should any of these provisions be or become invalid, the validity of the remaining conditions of participation shall remain unaffected.
6.3 HUMAN NEST reserves the right to change or correct the Conditions of Participation at any time – within the scope of what is legally permissible.
6.4 HUMAN NEST reserves the right to terminate the product test for good cause (e.g. viruses in the computer system, manipulation or errors in the application) at any time without prior notice.
6.5 Legal recourse is excluded.