§ 1 Subject
1. These rules of participation and data protection indications regulate the participation of the Participants in the prize draw of BORA Vertriebs GmbH & Co KG (in the following referred to as “Organizer“) as well as the collection and usage of the data collected of Participants or communicated by the Participants.
2. The Participants accept these rules of participation by participating in the prize draw.
§ 2 Terms and conditions of the prize draw
1. The prize draw starts at 09.00 a.m. CET on 26-09-2019 and ends at 11.59 a.m. CET on 29-09-2019.
2. Only persons who are older than 18 years are entitled to participate (in the following referred to as “Participants”). Employees of the Organizer as well as employees of cooperation partners who are or were involved in the creation or handling of the prize draw are excluded from participation.
3. Ten BORA Pure poster-sets with Peter Sagan are drawn amongst all participants. One poster out of the set is signed by Peter Sagan.
In order to participate in the prize draw, the participants must post their guess who will become world champion at the 2019 UCI Road World Championships in the comment section on the prize draw posting.
4. Each Participant can only participate once in the price draw. If a user should upload several postings or feeds, they will count as one participation.
5. The Organizer has the right to exclude posts or feeds of Participants from participation in the prize draw if - according to the evaluation of the Organizer appropriate for the matter at hand - the contents are unlawful or violate the good morals.
6. The winners are drawn by the Organizer among all posts and feeds in accordance with rules of participation.
§ 3 Handling
1. The prize can neither be paid out in cash, nor in kind nor can it be exchanged or transferred to other persons. A Participant can renounce to accept the prize. In this case, the next Participant in the order of rank of the winners replaces him.The handing over of the prizes is coordinated individually with the Participants.
2. On 01-10-2019, the winners will be announced via comment on the posting for the prize draw and they will be requested to contact us via the messaging function of the BORA Facebook page or, respectively, the BORA Instagram account. The winners are asked to transmit their contact details (name, address, telephone number as well as e-mail address) via direct message on Facebook or, respectively, Instagram. With this transmission, the prize is deemed accepted.
3. If a Participant does not confirm the acceptance of the prize within a period of 48 hours, the next Participant in the order of rank of the winners replaces him. Should the contact details transmitted be incorrect (e.g. invalid e-mail addresses), the Organizer is not obliged to investigate the correct addresses. The disadvantages resulting from the incorrect transmission of contact details are to the detriment of the Participant.
§ 4 Rights of use, exemption and responsibility
1. By uploading contents, especially pictures, the Participants declare that the contents are free of rights of third parties, meaning that they either come from themselves or that they have asked the author as well as the persons depicted in the pictures and videos for their consent. The Organizer is not obliged to check the contents (especially the pictures) provided by the Participants for violations of the rights of third parties. The Participants exempt the Organizer from all claims of third parties (especially claims for compensation for damages and/or any other claims regarding usage) that resulted from the contents provided by the Participants. They agree to support the Organizer in the defense of these claims in any reasonable way whatsoever.
The Participants agree that their entries in connection with the prize draw, the drawing, the handling and the presentation of the postings of the Participants are used and published by the Organizer in online and offline media (especially in the print and film section) for information on the result of the prize draw. The granting of these rights takes place free of charge as well as without restriction in terms of the space, content and time. The name of the Participant is not mentioned.
§ 5 Warranty exemption
1. The Organizer points out that the availability and function of the prize draw cannot be guaranteed. The prize draw can be terminated or deleted due to external circumstances or constraints without any claims of the Participants against the Organizer resulting therefrom.
2. This could include technical problems, changes of the rules or decisions of platforms like Facebook and Instagram, in case the prize draw is organized on them or in connection with them.
§ 6 Data protection declaration
1. The Organizer only collects and uses personal data of the Participants to the extent permitted by law
2. The Organizer only collects, processes and uses personal data if this is necessary for contract performance (thus for the handling of the prize draw) or if this is necessary due to a legal obligation, or if this data is provided on a voluntary basis. It is expressly pointed out that the Organizer also uses the data to inform about the prize draw and promote it. The Participant accepts this by participating in the prize draw. For any further data processing operations, the Organizer will obtain your consent prior to data processing. If the legitimate interest of the Organizer in data processing prevails, the data will, if need be, also be processed without your consent.
3. The following personal data of the Participants is collected by the Organizer and is used to carry out and handle the prize draw: Facebook user ID or, respectively, Instagram user ID, provided that the Participant is one of the winners: name of the Participant, complete address, telephone number, valid e-mail address, uploaded content (posts and feeds).
4. You have the right to obtain information on the personal data stored, as well as the right to rectification, to data transmission, to object, to restriction of processing as well as to blocking or erasure of incorrect or, respectively, unlawfully processed data within the framework of the provisions of the General Data Protection Regulation (GDPR). You have the right to revoke your consent at any time.
5. If the Participant thinks that the processing of personal data by the Organizer violates the applicable data protection law, there is the possibility to file a complaint with the competent regulatory authority.
6. In order to fulfil our contractual or statutory duties it might be necessary to transfer the data to processors or to other recipients, such as in particular to authorities. Processors process the personal data as instructed and only to the extent that is required for the fulfillment of these tasks. Processors of the Organizer are for example external IT service providers, etc.
7. We only transfer your data to other recipients if we have been given approval for data transfer, if transferring the data is necessary for contract conclusion or contract performance, or if we are required to transfer data by law.
§ 7 ndications and conditions of Facebook
1. It is pointed out to the Participants that the Organizer carries out this prize draw via the platforms of third parties, namely Facebook and Instagram. Therefore, not only these rules of participation but also the terms of condition of Facebook and Instagram are applicable: https://www.facebook.com/terms.php, https://help.instagram.com/478745558852511/. Besides, the data protection regulations or Facebook and respectively of Instagram are applicable: https://www.facebook.com/privacy, https://www.facebook.com/help/instagram/155833707900388
2. The Participants acknowledge that the prize draw is not sponsored, supported or organized by Facebook or Instagram in any way whatsoever or, respectively, is in no way linked with Facebook or Instagram. The Participants cannot assert any claims vis-à-vis Facebook or Instagram that arise in connection with the application of the prize draw or the participation in the prize draw.
3. Any requests and indications about the prize draw have to be addressed to the Organizer under socialmedia(at)bora.com and not to Facebook or Instagram.
§ 8 Applicable law
The Austrian law is applicable for these rules of participation.