Conditions of Participation for Facebook and Instagram Competitions

1. Subject of the Conditions of Participation and Organizer

(1) These terms and conditions of participation regulate the conditions for participation in the competition and any necessary transfer of rights. The description and procedure of the respective competition will be provided as part of the respective competition on the specified Facebook and Instagram page.

(2) The competition organiser is [company name and address].

(3) By participating in the respective competition, these conditions of participation are accepted.

(4) The competition has no connection with Facebook or Instagram and is not sponsored, supported or organized by Facebook or Instagram.

2nd participation

(1) All persons who are legally entitled to participate in the competition, who are at least 18 years old and who are resident in Austria, are excluded. Employees of the competition organizer and persons commissioned by the organizer are excluded. Participation with false identities or with the identities of third parties is not permitted.

(2) Eligible participants can take part in the competition by liking the competition organizer’s Facebook and Instagram pages and commenting on the post.

(3) Participation is possible until the time specified in the posting.

3. Prizes and prize notification

(1) The specified prize will be drawn among all eligible participants in private.

(2) The winners will be chosen from all eligible participants within one week of the closing date. The winners will be notified via Facebook Messenger or Instagram messages and asked to send an email to an email address provided there, in which the personal data is transmitted correctly and truthfully. This information will be used to send the prize.

(3) If we do not receive an email from a winner with the winner's personal details (name and address) within the specified period, the right to the prize expires. In this case, we are entitled to hold a replacement draw.

(4) Only one prize is possible per participant.

(5) The prize is neither transferable nor can the prize be exchanged or paid out in cash.

(6) If circumstances arise for which we are not responsible, the respective winner will accept an appropriate alternative prize. Such circumstances for which we are not responsible include, in particular, those which are the responsibility of the prize sponsors.

4. Grant of rights of use

(1) The participant grants the competition organizer a temporally and geographically unlimited, transferable right to edit, use and exploit (particularly for advertising purposes) all content created by him and posted on Facebook or Instagram to participate in the competition (texts, photos, videos, etc.). This includes all rights of use and exploitation known to the Copyright Act, including related rights and the right to assert claims arising from the Copyright Act in court. The competition organizer is particularly entitled to shorten, change, delete, archive, store and technically adapt the photos. The participant waives his right to be named as the author.

(2) By accepting the prize, the winner agrees that we may use his/her name for advertising purposes.

5. Liability and indemnity

(1) If the participant uploads photos for the purpose of completing the competition, the participant guarantees that he will not send any content whose provision, publication or use violates applicable law or the rights of third parties.

(2) The participant indemnifies us against any third-party claims of any kind that result from the illegality of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer against legal defense costs (e.g. court and attorney fees).

(3) By participating in the competition, the participant releases Facebook from all liability.

6. Exclusion

(1) A violation of these conditions of participation entitles us to exclude the respective participant from participation. This applies in particular if the participant provides false information or if the photos or other content used (e.g. comments) violate applicable law or the rights of third parties. The same applies to comments that can be viewed as glorifying violence, offensive, harassing or degrading or that otherwise violate social decency.

(2) If the excluded participant is a winner who has already been drawn, the prize may be revoked retroactively.

(3) Comments that violate Facebook and Instagram guidelines, copyright and Austrian law will be deleted immediately.

7. Early termination and changes

We reserve the right to terminate the competition prematurely, in whole or in part, or to change its course at any time, even without observing any deadlines, if it is not possible to guarantee the proper conduct of the competition for technical reasons (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g. prohibition by Facebook).

8. Limitation of Liability

The competition organizer is not liable for damages caused by errors, delays or interruptions in data transmission, malfunctions in technical systems or services, incorrect content, loss or deletion of data and viruses. After the prize has been handed over, the competition organizer accepts no liability for damages of any kind. Any liability for damages or losses resulting from slight negligence is excluded. In addition, the competition organizer is only liable in the event of intent or gross negligence.

9. Data Protection

The competition organizer, [name of the company, as well as address, email address and telephone number], is responsible for data processing, provided that it processes the data itself. We will only use the participant's personal details and other personal data within the framework of the statutory provisions of data protection law. We will only store, process and use the information to the extent that this is necessary for the implementation of the competition or if the participant has given their consent. This also includes use to exercise the granted rights of use. The data will only be used to carry out the competition and will then be deleted.

The participant can request information from the competition organizer at any time about the data stored about him or her.

The participants of the competition agree that their personal data, namely name, address and email address, will be processed by the competition organizer for the purpose of participating in the competition and informing the winner of their success, and that the name and address of the winner will be passed on to Austrian Post AG for the purpose of transmitting the prize. This consent can be revoked at any time by contacting the competition organizer.

The legal basis for the processing of data after the participant has registered for the competition and the user has given his or her consent is Art. 6 (1) (a) GDPR.

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user's data will therefore be stored as long as the competition is active.

We would also like to draw your attention to the following rights that you are entitled to under the GDPR with regard to the personal data concerning you:

• Right to information from the controller about the personal data concerning you in accordance with Article 15 GDPR.
• Right to rectification according to Article 16 GDPR
• Right to erasure under Article 17 GDPR
• Right to restriction of processing according to Article 18 GDPR
• Right to data portability according to Article 20 GDPR
• Right to object to processing pursuant to Article 21 GDPR

Furthermore, you also have the right to lodge a complaint with the data protection authority if you believe that the processing of personal data concerning you violates the GDPR. In this regard, we also refer to the homepage of the data protection authority, which can be accessed at http://www.dsb.gv.at.

10. Final provisions

(1) Should the Conditions of Participation contain invalid provisions, the validity of the remaining conditions shall remain unaffected.

(2) Legal recourse is excluded. Cash payment of the prize is expressly excluded. Transfer of the prize is not possible. Austrian law applies to these participation conditions.