Conditions of Participation of the facebook prize draw
§ 1 Subject
1. These Conditions of Participation and the data protection information provided regulate Participants’ entry into the prize draw organised by BORA Vertriebs GmbH & Co KG (hereinafter referred to as the ‘Event Organiser’) as well as the collection and use of the data that is provided or disclosed by the Participants.
2. By participating in the prize draw, Participants accept these Conditions of Participation.
§ 2 Conditions of Participation of the prize draw
1. The prize draw shall begin on 27/11/2018 at 18:00 CET and shall end on 02/12/2018 at 23:00 CET.
2. People who are older than 18 years of age shall be deemed eligible. Employees of the Event 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. 15 copies of the Special Moments books, signed by the BORA – hansgrohe riders will be given away as prizes among the participants.
4. In order to participate in the prize draw, the Participants must be fans of the BORA Facebook page (www.facebook.com/BORAGmbH), react (use one of the mentioned “like”-options) and tag a BORA-hansgrohe rider to the corresponding prize draw post.
5. The winners will be chosen among all the proper respondents who comply with the conditions of participation.
§ 3 Usage rights, exemption and liability
1. The Event Organiser shall not be obligated to check the content (e.g. images) provided by the Participants for potential infringements of the third-party rights. However, the Event Organiser shall be entitled to reject content if, in its rational opinion, it deems it to be illegal or immoral.
2. By uploading content, especially images, Participants declare the content is devoid of third party rights, meaning the content originates from the Participants themselves or the Participants have obtained the permission of the copyright holder, as well as the people depicted on the images and on the videos. The Participants shall indemnify the Event Organiser from all third-party claims that originate due to the content provided by the Participants. The Participants shall agree to support the Event Organiser in any reasonable way in the defence against these Claims.
3. The Participants shall agree that their submissions associated with the prize draw, the drawing of prizes, implementation and the presentation of the Participant posts shall be utilised, distributed as made publicly available in other ways by the Event Organiser in both online and offline media (for example, in the print sector). To this end, the Event Organiser shall also be allowed to process the submissions and, if required, grant their rights of use to third parties. This granting of rights shall occur free of charge and without any spatial, content-related or temporal Limit.
§ 4 Execution
1. Prizes cannot be paid out in cash or as material assets. Nor can they be exchanged or transferred to other persons. A Participant may renounce the prize. In this case, another winner shall be chosen. The handover of the prizes shall be coordinated with the Participants on an individual basis.
2. The winners will be announced on 03/12/2018 via a comment on the prize-draw Facebook post. The winners will be required to communicate their contact details (name, address, telephone number as well as e-mail address) via a personal message on Facebook. Thereby, the prize is deemed accepted.
3. If a Participant does not confirm acceptance of the prize within a 48-hour deadline period, the prize shall be forfeited and another winner will be drawn. If the contact information indicated is incorrect (e.g. invalid e-mail addresses), the Event 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.
§ 5 Disclaimer of warranty
1. The Event Organiser 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 Event 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 as a result of or in connection with them.
§ 6 Liability
1. The following disclaimers and limitation on liability shall apply to a liability of the Event Organiser for damage compensation irrespective of the other statutory eligibility criteria in accordance with the present Section 6.
2. The Event Organiser shall indefinitely assume liability provided that the cause of damage was due to intent or gross negligence.
3. The Event Organiser shall not be liable for slight negligence.
4. The preceding limitations of liability shall not apply in the event of loss of life, bodily harm or harm to health, or apply to defects after acceptance of quality guarantees for the condition of a product, or in the case of fraudulently concealment of defects. Liability under the Product Liability Act [ProdHaftG] shall remain unaffected.
5. Provided that the liability of the Event Organiser is limited or has been ruled out, this shall also apply to the personal liability of employees, representatives and vicarious agents of the Event Organiser.
§ 7 Data protection notice
1. The Event Organiser shall only collect and utilise data of the Participants to the extent that this is permitted by law or the Participants grant their consent therefor.
2. The follow data shall be collected from the Participants by the Event Organiser and serve to organise, execute and implement the prize draw: Facebook user ID, name of the Participant, full address, valid e-mail address.
3. Upon written request using any communication in text form, the Participants may request information from the Event Organiser at any time concerning what personal data are stored by the Event Organiser and may request the correction or deletion of this information, as well as revoke their consent to utilise the data.
§ 8 Information and conditions of Facebook
2. The Participants shall not be entitled to assert any claims against Facebook that arise in connection with the use of the prize-draw app or the participation in the prize draw.
3. The Participants acknowledge that the prize draw is not sponsored, support or organised by Facebook in any way and is in no way associated with Facebook.
4. All requests and information concerning the prize draw must be sent to the Event Organiser at firstname.lastname@example.org and not to Facebook.
§ 9 Choice of law
The prize draw is exclusively subject to Austrian law under exclusion of the UN Convention on Contracts for the International Sale of Goods. Legal recourse is excluded.