Terms of Participation and Data Protection Information for Online Sweepstakes
I. Terms of Participation
1. Scope of Application
These terms of participation apply to all sweepstakes conducted by ILH International GmbH, Arthur-Hoffmann-Str. 47, 04107 Leipzig (hereinafter "Organizer"). Each participant acknowledges these terms of participation by taking part.
This sweepstakes is not affiliated with Instagram, Facebook, or TikTok. It is in no way sponsored, endorsed, or organized by Instagram, Facebook, or TikTok and does not create any legal claims against Instagram, Facebook, or TikTok. All information in connection with this sweepstakes is provided exclusively by the Organizer.
2. Participation
2.1 Eligible to participate is any natural person acting in their own capacity with a minimum age of 18 years. Participants who have reached their sixteenth birthday but are not yet of legal age may only participate with the consent of their parents or guardians.
2.2 Excluded from participation are minors younger than 16 years and persons lacking legal capacity.
2.3 The Organizer reserves the right to exclude persons from participation who violate these terms of participation or attempt to gain an unfair advantage over other participants through improper influence or manipulation of the sweepstakes. The Organizer may subsequently exclude participants in these cases, revoke prizes, and demand their return.
2.4 Participation is only possible within the period specified in the sweepstakes description. Each participant may only participate once in an identical sweepstakes.
2.5 Employees of the sweepstakes organizer, as well as employees of companies involved in this sweepstakes and their immediate family members, are excluded from participation.
3. Conduct of the Sweepstakes
3.1 A requirement for participation in the sweepstakes is following the Organizer's Instagram, Facebook, or TikTok channel. If another requirement for participation in the sweepstakes is necessary, this will be communicated directly with the participation option. The sweepstakes will be conducted during the specified period. All participants in the sweepstakes who meet the requirements listed under section 2 and 3 at the time of the drawing will be considered. Immediately after the deadline for participation ends, the winner will be drawn at random from among the participants.
3.2 Modification or cash payment of the prize is excluded. The prize is non-transferable.
4. Prize Administration
4.1 The winner will be notified by the Organizer via email or electronic means. Regarding the prize, each participant so notified is required to notify the Organizer within 48 hours of sending the notification whether they accept the prize. If the Organizer does not receive a corresponding message within this period, the opportunity to accept the prize expires and the Organizer reserves the right to identify another participant and notify them accordingly.
4.2 Should the participant's provided contact information be incorrect (e.g., email address), the Organizer is not obligated to find the correct data. Any disadvantages resulting from providing incorrect contact information (e.g., incorrect email address) are the responsibility of the participant.
5. Warranty Disclaimer
For damages incurred by the winner due to material and/or legal defects, the Organizer is liable only in cases of fraud, intent, or gross negligence. Otherwise, liability for material and/or legal defects is excluded.
6. Early Termination, Adjustment, or Modification of the Sweepstakes
The Organizer is entitled to terminate, adjust, or modify the sweepstakes at any time without notice and without stating reasons if proper conduct of the sweepstakes cannot be ensured without such measures due to technical or legal reasons.
7. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer is habitually resident.
Data Protection Information
Responsible for data processing in connection with the sweepstakes is:
ILH International GmbH
Steve Riedel
Arthur-Hoffmann-Str. 47
04107 Leipzig
0341 2252070
info@ilovehandbags.com
Additional information for sweepstakes on social media platforms:
If the sweepstakes is conducted via Instagram, the platform is used through Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland. If the sweepstakes is conducted via TikTok, the platform is used through TikTok Technology Limited, The Sorting Office, Ropemaker Place, Dublin 2, D02 HD23, Ireland.
The Organizer is responsible for processing personal data insofar as such processing is carried out by the Organizer in the context of conducting the sweepstakes. This includes in particular verifying eligibility to participate, conducting the drawing, notifying the winner, and handling and shipping the prize.
To the extent that personal data is processed by the respective platform operators Instagram/Meta or TikTok in connection with the use of the platforms, in particular when accessing, liking, commenting, following, sharing or interacting with posts, this processing is carried out by the respective platform operators in accordance with their own data protection policies. The organizer has no complete control over the nature, scope, and purpose of these data processing activities by the platform operators.
For certain data processing activities in connection with statistics, insights, or analytics, there may be joint responsibility within the meaning of Art. 26 GDPR between the organizer and the respective platform operator.
Further information on data processing by the platform operators can be found in the privacy policies of Instagram/Meta and TikTok.
8.1. Processing of Your Personal Data in Connection with the Sweepstakes
We process your personal data to properly conduct and execute the sweepstakes and, in particular, to send you the prize.
To conduct the sweepstakes, the profile name and, if available, first and last name of the respective participant are collected and stored. To send the prize, we additionally collect the name and first name as well as the address from the winner(s) and pass this data on to a shipping company commissioned by us. No further disclosure of your data to third parties takes place.
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 first and last name of the winner(s) separately on our profile or our fan page or disclose it externally, such as in our online shop, this is only done with the prior explicit consent of the winner(s) in accordance with Art. 6 para. 1 lit. a GDPR.
8.2. Storage Duration
After the sweepstakes ends, your personal data processed in connection with the sweepstakes will be deleted no later than three months after the end of the sweepstakes, unless there is a valid consent to further processing (such as regarding newsletter distribution) and/or we have a legitimate interest in further storage.
8.3. Your Data Subject Rights
Applicable data protection law grants you the following data subject rights:
Right to information pursuant to Art. 15 GDPR:
In particular, you have the right to information about your personal data processed by us, the purposes of processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the intended storage duration or the criteria for determining the storage duration, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and intended effects of such processing as it relates to you, as well as your right to be informed about what safeguards pursuant to Art. 46 GDPR apply when your data is transferred to third countries;
Right to rectification pursuant to Art. 16 GDPR:
You have the right to prompt rectification of incorrect data concerning you and/or completion of your 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 Art. 17 para. 1 GDPR are met. However, this right does not apply in particular if the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of legal claims;
Right to restrict processing pursuant to Art. 18 GDPR:
You have the right to request restriction of processing of your personal data as long as the accuracy of your data that you have contested is being verified, if you object to the erasure of your data due to unlawful data processing and instead request 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 once the purpose has been achieved, or if you have filed an objection on the grounds of your particular situation, as long as it is not yet established whether our legitimate interests prevail;
Right to notification pursuant to Art. 19 GDPR:
If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller must inform all recipients to whom your personal data has been disclosed of this rectification or erasure of data or restriction of processing, 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 consent to the processing of data that you have given at any time with effect for the future. In the event of withdrawal, we will delete the affected data immediately unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of the consent until the withdrawal;
Right to lodge a complaint pursuant to Art. 77 GDPR:
If you believe that the processing of your personal data violates the GDPR, you have – without prejudice to any other administrative or judicial remedy – the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, place of work, or place of the alleged infringement.
