Participation Terms for Facebook and Instagram Giveaways
1. Subject of the Terms of Participation and Organizer
(1) These Terms of Participation govern the conditions for participation in the contest and, if applicable, any required transfer of rights. The description and process of each contest are detailed within the respective contest post on the specified Facebook and Instagram pages.
(2) The organizer of the contest is [Hochkar & Ötscher Tourismus GmbH - 3345 Göstling/Ybbs, No. 46].
(3) By participating in the contest, participants accept these Terms of Participation.
(4) The contest is in no way connected to Facebook or Instagram and is not sponsored, supported, or organized by Facebook or Instagram.
2. Participation
(1) All individuals aged 18 or older with permanent residence in Austria are eligible to participate. Employees of the contest organizer and persons commissioned by them are excluded. Participation using false identities or the identities of third parties is not permitted.
(2) Eligible participants can enter the contest by liking the organizer’s Facebook or Instagram page and commenting on the respective post.
(3) Participation is possible until the date and time specified in the post.
3. Prizes and Winner Notification
(1) Among all eligible participants, the prize stated will be drawn privately without public participation.
(2) Winners will be determined within one week after the closing date. They will be notified via Facebook Messenger or Instagram Direct Message and asked to send an email to the address provided, containing their personal details (name and address) accurately and completely. This information is required for prize delivery.
(3) If a winner fails to send an email with their personal data (name and address) within the specified time, the prize claim will expire. In such cases, we reserve the right to conduct a new draw.
(4) Only one prize per participant is possible.
(5) The prize is neither transferable nor exchangeable and cannot be paid out in cash.
(6) If circumstances arise that are beyond our control, the respective winner agrees to accept a reasonable replacement prize. Such circumstances include, in particular, those attributable to the sponsors of the prizes.
4. Granting of Usage Rights
(1) By participating, the participant grants the organizer unrestricted, transferable, and royalty-free rights to use, edit, and exploit all content (texts, photos, videos, etc.) created and posted on Facebook or Instagram for participation in the contest. This includes all exploitation and usage rights known under copyright law, including related rights, and the right to enforce copyright claims in court. The organizer is entitled to edit, shorten, delete, archive, store, and make technical adaptations to submitted photos. The participant waives the right to be named as the author.
(2) By accepting the prize, the winner agrees that we may use their name for advertising purposes.
5. Liability and Indemnification
(1) If participants upload photos for the contest, they guarantee that the content does not violate any applicable laws or third-party rights.
(2) The participant indemnifies the organizer from all third-party claims arising from the unlawfulness of any photos used by the participant. This indemnification also includes covering all legal defense costs (e.g., court and attorney fees).
(3) By participating in the contest, the participant releases Facebook from any liability.
6. Exclusion
(1) Any violation of these Terms of Participation entitles us to exclude the respective participant. This applies particularly if false information is provided or if submitted photos or other content (e.g., comments) violate applicable law or third-party rights. The same applies to comments deemed violent, offensive, harassing, or degrading, or otherwise contrary to public decency.
(2) If an excluded participant has already been selected as a winner, the prize may be revoked retroactively.
(3) Comments that violate Facebook or Instagram policies, copyright laws, or Austrian law will be deleted immediately.
7. Early Termination and Modifications
We reserve the right to terminate or modify the contest at any time, even without notice, in whole or in part, if it is not possible to guarantee proper conduct due to technical (e.g., computer virus, software/hardware malfunction) or legal reasons (e.g., prohibition by Facebook).
8. Limitation of Liability
The organizer accepts no liability for damages resulting from errors, delays, or interruptions in data transmission, malfunctions of technical equipment or services, incorrect content, loss or deletion of data, or viruses. After the prize has been handed over, the organizer assumes no liability for any damages of any kind. Liability for damages or losses resulting from slight negligence is excluded. The organizer shall only be liable in cases of intent or gross negligence.
9. Data Protection
The data controller is the contest organizer, [Hochkar & Ötscher Tourismus GmbH - 3345 Göstling/Ybbs, No. 46 - info@oetscher.at], if it processes the data itself. We will use personal data of participants only in accordance with data protection laws. Data will only be stored, processed, and used to the extent necessary to conduct the contest or where the participant has given consent. This includes use for exercising granted usage rights. Data will be used exclusively for the contest and deleted afterward.
Participants may request information about their stored personal data from the organizer at any time.
By participating, participants agree that their personal data (name, address, and email address) may be processed by the organizer for the purpose of running the contest and notifying winners, and that the names and addresses of winners may be shared with Österreichische Post AG for prize delivery. Consent may be withdrawn at any time by contacting the organizer.
The legal basis for processing participants’ data following registration is Article 6 (1)(a) GDPR, provided that consent has been given.
Data will be deleted once it is no longer required for its intended purpose. Participant data will therefore be stored only as long as the contest remains active.
Participants are also informed of the following rights under the GDPR concerning their personal data:
Right of access to personal data under Article 15 GDPR.
- Right to rectification under Article 16 GDPR
- Right to erasure under Article 17 GDPR
- Right to restriction of processing under Article 18 GDPR
- Right to data portability under Article 20 GDPR
- Right to object to processing under Article 21 GDPR
Furthermore, participants have the right to lodge a complaint with the Austrian Data Protection Authority if they believe that the processing of their personal data violates the GDPR. See the Data Protection Authority’s website at http://www.dsb.gv.at for more information.
10. Final Provisions
(1) If any provision of these Terms of Participation is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
(2) Legal recourse is excluded. Cash payment of the prize is explicitly excluded. Transfer of the prize is not permitted. Austrian law applies to these Terms of Participation.