Terms and Conditions of Participation in the Facebook Valentine’s Day Competition

§ 1. Purpose

  1. These terms and conditions of participation and the privacy policy regulate participation in the competition held by BORA Vertriebs GmbH & Co. KG (hereinafter referred to as the “Organiser”) by the participants, as well as the collection and use of the data collected from or submitted by the participants.
  2. By participating in the competition, the participant accepts the following terms and conditions of participation.

§ 2. Terms and conditions of participation in the competition

  1. The competition starts on February 14th, 2023, at 7 p.m. CET and ends on February 19th, 2023, at midnight.
  2. Those entitled to enter are individuals (hereinafter referred to as “Participants”) who are resident in the European Union and are 18 years of age or over.
    Employees of the Organiser or employees of cooperation partners who are or were involved in the creation and running of the competition are excluded from participation.
  3. All Participants will be entered in a draw to have the chance to win a BORA Cooking Experience for 2 persons. The prize includes a cooking evening in which the winner cooks a 3-course menu together with a BORA chef and then enjoys it. Any costs incurred for travel or overnight stays will not be covered by the organizer.

§ 3. How the competition works

  1. To take part in the competition, Participants must follow the BORA Facebook page (https://www.facebook.com/boracookingsystems), like the competition post in the Instagram feed on February 14th  and add a comment containing the answer to the competition question “What do you like to cook and in which city would you like to have your BORA cooking evening?”. Each Participant may only enter the competition once.
  2. The Organiser will draw the winner at random from all the comments that comply with the requirements of the terms and conditions of participation.
  3. The Organiser reserves the right to exclude comments or individuals from participation in the competition if they are unlawful or offensive according to the Organiser’s objective assessment.

§ 4. Further steps

  1. The prize is not redeemable for cash or in kind. The prize is non-exchangeable and non-transferable. A Participant may waive the prize. In this case a new winner will be selected at random. The handing over of the prize is agreed upon with the Participant.
  2. The winner will be sent a message on February 20th, 2023, and asked to provide their contact details (name and address). The winner has 72 hours to provide the requested details and thus accept the prize.
  3. If the details are not provided within 72 hours, the prize shall be considered not to have been accepted and a new winner will be selected at random. If the contact details provided are incorrect or incomplete, the Organiser is under no obligation to research the correct address. Any disadvantages resulting from the provision of incorrect contact information shall be borne by the Participant. In this case too, a new winner will be selected at random.
  4. The Organiser will commission a transport company to deliver the prize. The latter will contact the winner to notify them of the delivery 24 hours in advance. If the delivery date is not convenient, the transport company will agree on a new delivery date with the winner and the Organiser will support them in this task.

§ 5. Disclaimer

  1. The Organiser wishes to point out that warranty and guarantee claims are fully excluded.
  2. The competition may be terminated or removed due to external circumstances and constraints without giving Participants any rights to assert claims against the Organiser.

§ 6. Privacy policy

  1. The Organiser collects and uses the Participants’ personal data insofar as this is legally permitted. 
  2. The Organiser only collects, processes and uses personal data if this is necessary for the fulfilment of the contract (i.e. carrying out the competition) or if the data is provided voluntarily. It is specifically stated that the data will also be used by the Organiser to report on and advertise the competition. By entering the competition the Participant consents to this. For any data processing beyond this purpose, the Organiser shall seek consent before the data are processed. If the legitimate interest of the Organiser to process the data takes precedence, the processing may in certain circumstances take place without consent. 
  3. The following personal data of the Participants are collected by the Organiser and serve the purpose of designing, carrying out and processing the competition: Facebook user ID and Facebook username if the Participant is one of the winners: name of the Participant, full address, telephone number, valid email address, uploaded content (comment). 
  4. You have the right to information about the stored personal data, as well as the right to rectification, data transfer, objection, restriction of the processing as well as blocking or deletion of incorrect or illegally processed data within the framework of the GDPR provisions. You have the right to withdraw your consent at any time. 
  5. If the Participant believes that the processing of personal data by the Organiser violates the data protection law, there is the option of filing a complaint with the competent supervisory authority.
  6. In order to fulfil the contractual or statutory obligations it might be necessary to transfer the data to processors or other recipients, such as in particular, authorities. Processors only process the personal data according to instructions and only to the extent that this is required for the fulfilment of these tasks. The Organiser’s processors are, for example, external IT service companies, etc.
  7. Your data will only be transferred to other recipients if consent for data transfer was provided, the data transfer is necessary for the conclusion of the contract or the fulfilment of the contract, or if the Organiser is required to transfer the data by law.

§ 7. Notices and conditions of Facebook

  1. The Participant is advised that the Organiser is carrying out the competition via a third-party platform, namely Facebook. Therefore, not only these terms and conditions of participation apply, but also the Facebook terms of use: www.facebook.com/legal/terms. The Facebook privacy policy also applies: www.facebook.com/privacy/policy.
  2. Participants acknowledge that the competition is not sponsored, supported or organised by Facebook in any way, and is not connected to Facebook. Therefore, Participants cannot assert any claims against Facebook in relation to the use of the competition application or participation in the competition.
  3. All inquiries or notices regarding the competition must be directed to the Organiser at “socialmedia@bora.com” and not to Facebook.

§ 8. Applicable law

These terms and conditions of participation are subject to Austrian law. The Organiser’s decision is final.