§ 1 Subject
1. These terms and conditions of participation shall govern the participant's participation in the prize draw of BORA Vertriebs GmbH & Co KG (hereinafter referred to as the “Organiser”).
2. By participating in the prize draw, the participants shall accept the terms and conditions of participation.
3. All personal data that is collected in connection with the prize draw shall be used exclusively for the purpose of the administrative accompaniment of the prize draw, unless you have decided on a further use.
§ 2 Terms and conditions of the prize draw
1. The prize draw shall begin on 7 july 2018 at 11:00 CET and shall end on 23 July 2018 at 23:59 CET.
2. People who have residency in Germany, Austria, Switzerland, Luxembourg, Italy, France, Belgium, The Netherlands, Spain and Great Britain as well as being older than 18 years of age shall be deemed eligible. Employees of the Organiser, as well as employees of cooperation partners who are engaged with the creation or handling of the prize draw, or who were engaged in doing so, shall be excluded.
3. Ten copies of the 10|10 Peter Sagan cookbooks in respectively DE, EN, NL, IT, FR and ES shall be given away as prizes among all the participants.
4. To be able to participate in the prize draw the person must register at www.bora.com/1010worldchampion and consent to the terms and conditions of participation.
5. The winners shall be chosen by the Organiser at random among all proper respondents who comply with the terms and conditions of participation.
6. However, a claim for a cookbook of another 10|10 edition does not exist.
§ 3 Administrative accompaniment
1. Payment of the prize in cash or in material assets, the exchange or transfer of which to other persons is not possible A participant may renounce the prize. In this case, they shall be replaced by the next participant in the sequence of winners. The handover of the prizes shall be coordinated with the participants on an individual basis.
2. The winners shall be informed by e-mail on 24 July 2018. The winners are requested to confirm the prize by a reply mail. The prize is thereby considered to be accepted. The winner must indicate their name and their postal address in this reply mail, so that the prize can be sent.
3. If a participant does not confirm acceptance of the prize or without valid name and postal address within a 48-hour deadline period, the prize shall be forfeited, and another winner shall be drawn. If the contact information indicated is incorrect (e.g. invalid e-mail addresses), the Organiser shall not be obligated to undertake investigations to find the correct address. The disadvantages that arise from incorrect contact details shall be borne by the participant.
§ 4 Disclaimer of warranty
1. The Operator points out that the availability and functionality of the prize draw cannot be ensured. The prize draw can be ended or eliminated due to external circumstances and constraints without claims of the participants arising against the Organiser therefrom.
2. For this reason, technical issues, rule changes or decisions made by platforms like Facebook may be included if the prize draw is organised through or in connection with them.
§ 5 Liability
1. The following disclaimers and liability limitations shall apply to a liability of the Organiser for damage compensation irrespective of the other statutory eligibility criteria in accordance with the present Clause 6.
2. The Organiser shall indefinitely assume liability provided that the cause of damage was due to intent or gross negligence.
3. Furthermore, the Organiser is liable for the slightly negligent breach of material obligations whose breach endangers the achievement of the purpose of the Agreement, or for the breach of obligations whose fulfilment enables the proper implementation of the prize draw at all and on whose observance the parties to the Agreement may regularly rely. In this case, however, the Organiser is liable only for foreseeable damage typically occurring under the Agreement. The Organiser is not liable for slightly negligible breach of obligations other than those indicated in the above sentences.
4. The preceding limitations of liability shall not apply in the event of loss of life, bodily harm or harm to health, a defect after guarantees of the quality of a product have been assumed or in the case of fraudulently concealed defects Liability under the Austrian Product Liability Act [ProdHaftG] shall remain unaffected.
5. Provided that the Organiser's liability is limited or has been ruled out, this shall also apply to the personal liability of the Organiser's employees, representatives and vicarious agents.
§ 6 Miscellaneous
1. All requests and information concerning the prize draw must be sent to the Organiser at socialmedia(at)bora.com.
2. The prize draw shall be solely subject to Austrian law to the exclusion of the UN sales law (CISG). Any recourse to courts of law shall be ruled out.