1. Subject matter of the terms and conditions of entry and the organiser
1.1 These Terms and Conditions govern the conditions for taking part in competitions organised by Hochkar & Ötscher Tourismus GmbH on Facebook and Instagram, as well as any necessary transfers of rights.
The description and procedure for each competition are set out as part of the relevant competition campaign on the specified Facebook or Instagram page or in the relevant post.
1.2 The organiser of the competition is:
Hochkar & Ötscher Tourismus GmbH
Göstling 46
3345 Göstling an der Ybbs
Austria
Email: info@hochkar.com
1.3 By taking part in the relevant competition, participants accept these terms and conditions.
1.4 The competition is not affiliated with Facebook or Instagram and, in particular, is not sponsored, endorsed or organised by Facebook, Instagram or Meta. The sole point of contact and responsible party is Hochkar & Ötscher Tourismus GmbH.
2. Participation
2.1 All natural persons of legal age who have reached the age of 18 and are resident in Austria are eligible to enter.
2.2 Employees of the competition organiser and persons commissioned to run the competition are excluded from taking part.
2.3 Participation using false identities or the identities of third parties is not permitted.
2.4 Eligible persons may enter the competition by completing the entry requirements described in the relevant competition post, for example by commenting on the post or by following other steps specified in the post.
2.5 Entries may be submitted up to the time specified in the relevant post. Entries received after this time cannot be considered.
3. Prizes and notification of winners
3.1 The prize specified in the relevant competition post will be drawn at random from among all eligible entrants in a closed draw.
3.2 The winners will be selected from among all eligible entrants within one week of the closing date for entries.
3.3 Winners will be notified via Facebook or Instagram, in particular by direct message or comment, and asked to contact Hochkar & Ötscher Tourismus GmbH within the specified timeframe.
3.4 In order to process the prize, personal data – in particular name, address, email address or other contact details required for the handover of the prize – may be requested. This information is used exclusively for the purpose of running the competition and handing over the prize.
3.5 If a winner does not get in touch within the specified time limit, or if the required details are not provided in full and truthfully, the claim to the prize shall lapse. In this case, the organiser is entitled to hold a replacement draw.
3.6 Only one prize may be won per participant, unless otherwise stated in the relevant competition post.
3.7 The prize is non-transferable. The prize may not be redeemed for cash, exchanged or paid out.
3.8 Should the specified prize be unavailable for reasons beyond the organiser’s control, the organiser is entitled to provide a suitable alternative prize.
4. Rights of use for submitted content
4.1 Where participants publish or submit their own content – in particular texts, photographs or videos – as part of a competition, they confirm that they hold the necessary rights to do so and that such publication or submission does not infringe the rights of any third party.
4.2 Participants grant Hochkar & Ötscher Tourismus GmbH a non-exclusive right of use, unlimited in time and place, to the content submitted or published as part of the competition, insofar as this is necessary for the organisation, documentation, promotion and follow-up reporting of the competition.
4.3 This right of use includes, in particular, use on the websites and social media channels of Hochkar & Ötscher Tourismus GmbH, as well as in other communication, press and advertising materials relating to the competition.
4.4 The organiser is entitled to make technical adjustments to submitted content, in particular to shorten, edit, store, archive or adapt it to the respective technical requirements of the platforms used, provided that this does not infringe upon the legitimate interests of the participants.
4.5 By accepting the prize, the winner consents to their name being published in connection with the competition, provided this is necessary for the purposes of communication relating to the competition.
5. Liability and Indemnity
5.1 Where participants use content – in particular photographs, videos or text – for the purpose of taking part in the competition, they guarantee that such content does not infringe applicable law or the rights of third parties.
5.2 Participants indemnify Hochkar & Ötscher Tourismus GmbH against all claims by third parties arising from any unlawful use or publication of the content they have provided. This also includes reasonable legal defence costs.
5.3 By taking part in the competition, participants indemnify Facebook, Instagram and Meta against any liability in connection with the competition.
6. Exclusion from the competition
6.1 Any breach of these terms and conditions entitles the organiser to exclude the participant in question from the competition.
6.2 This applies in particular to false information, the use of fake identities, or content that contravenes applicable law, the rights of third parties, platform guidelines or these terms and conditions.
6.3 Comments or content that is offensive, glorifies violence, is discriminatory, obscene, harassing, derogatory, unlawful or otherwise inappropriate may be deleted by the organiser.
6.4 If the excluded person is a winner who has already been drawn, the prize may be subsequently revoked. In this case, the organiser is entitled to conduct a replacement draw.
7. Early termination and amendments
The organiser reserves the right to terminate the competition early, in whole or in part, at any time and without notice, or to interrupt or amend its course, if, for technical, organisational or legal reasons, the proper conduct of the competition cannot be guaranteed.
This applies in particular in the event of manipulation, technical faults, platform failures, software or hardware errors, misuse, breaches of platform guidelines or for legal reasons.
8. Limitation of Liability
The organiser shall not be liable for technical faults, in particular for outages, delays or interruptions to data transmission, for faults in technical equipment or services, for incorrect content, loss or deletion of data, or for viruses or other technical problems beyond the organiser’s control.
Once the prize has been handed over or transferred, the organiser accepts no liability for damage, loss or other adverse effects, unless these were caused by the organiser through wilful misconduct or gross negligence.
The organiser’s liability is, to the extent permitted by law, limited to cases of wilful misconduct and gross negligence. Liability for simple negligence is excluded, provided that this is not precluded by mandatory statutory provisions.
9. Data Protection
The entity responsible for data processing in connection with the competition is:
Hochkar & Ötscher Tourismus GmbH
Göstling 46
3345 Göstling an der Ybbs
Austria
Email: info@hochkar.com
The organiser processes participants’ personal data exclusively in accordance with statutory provisions and only to the extent necessary for the conduct of the competition or where the data subject has given their consent.
In particular, the following data may be processed in connection with the competition:
- Name or social media username
- Comments or other actions taken as part of participation
- Contact details, in particular email address
- Address, where this is required for the delivery of the prize
- any content submitted, in particular texts, photos or videos
Data processing is carried out for the purpose of organising the prize draw, determining and notifying the winners, delivering the prize and, where applicable, exercising the rights of use granted in connection with the prize draw.
The legal basis for the processing is Article 6(1)(b) of the GDPR, insofar as the processing is necessary for the conduct of the competition. Where consent has been given, the legal basis is Article 6(1)(a) of the GDPR. Where processing is necessary to safeguard legitimate interests, in particular for documentation, legal defence or the prevention of misuse, the legal basis is Article 6(1)(f) of the GDPR.
Personal data will only be stored for as long as is necessary to conduct the prize draw or for as long as statutory retention, documentation or evidence obligations apply. Once the prize draw has concluded, the data will be deleted, provided there are no legal grounds for further storage.
Where necessary for the delivery of prizes, the names and addresses of the winners may be passed on to delivery service providers, in particular Österreichische Post AG or other delivery services.
In accordance with the relevant legal provisions, participants have the following rights in particular:
- Right of access under Article 15 of the GDPR
- Right to rectification pursuant to Article 16 of the GDPR
- Right to erasure pursuant to Article 17 of the GDPR
- Right to restriction of processing pursuant to Article 18 of the GDPR
- Right to data portability under Article 20 of the GDPR
- Right to object under Article 21 of the GDPR
- Right to withdraw consent with effect for the future
To exercise these rights, data subjects may contact info@hochkar.com at any time.
Furthermore, you have the right to lodge a complaint with the Austrian Data Protection Authority if you believe that the processing of personal data infringes the GDPR. Further information can be found at https://www.dsb.gv.at.
10. Final provisions
10.1 Should any provision of these Terms and Conditions of Participation be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
10.2 Legal recourse is excluded to the extent permitted by law.
10.3 A cash payout of the prize is expressly excluded.
10.4 The prize may not be transferred to other persons.
10.5 These Terms and Conditions are governed by Austrian law.