Terms and Conditions for Facebook and Instagram Giveaways

1. Subject of the Terms and Conditions and Organizer

(1) These terms and conditions govern participation in the giveaway and any necessary transfer of rights. The description and process of each giveaway are outlined within the respective post on the specified Facebook and Instagram pages.

(2) The organizer of the giveaway is [Hochkar & Ötscher Tourismus GmbH - 3345 Göstling/Ybbs, Nr. 46].

(3) By participating in the giveaway, the participant accepts these terms and conditions.

(4) This giveaway is in no way connected to Facebook or Instagram and is not sponsored, supported, or organized by Facebook or Instagram.

2. Participation

(1) Participation is open to all individuals over the age of 18 who have full legal capacity and reside in Austria. Employees of the organizer and those commissioned by the organizer are excluded. Participation using false identities or the identities of third parties is not permitted.

(2) Eligible participants can take part by liking the organizer’s Facebook or Instagram page and commenting on the giveaway post.

(3) Participation is possible until the date specified in the giveaway post.

3. Prizes and Winner Notification

(1) Among all eligible participants, the stated prize will be drawn privately.

(2) Winners will be determined within one week after the participation deadline. Winners will be notified via Facebook Messenger or Instagram direct message and asked to send an email to the provided address, including their complete and accurate personal details. This information is required to send the prize.

(3) If no email with the winner’s personal details (name and address) is received within the specified time frame, the claim to the prize will expire. In this case, the organizer reserves the right to draw a replacement winner.

(4) Only one prize per participant is possible.

(5) The prize is non-transferable and cannot be exchanged or paid out in cash.

(6) Should circumstances arise beyond our control, the winner agrees to accept a reasonable substitute prize. Such circumstances particularly include issues on the part of the prize sponsors.

4. Granting of Usage Rights

(1) The participant grants the organizer unlimited, transferable rights of use and exploitation (including for advertising purposes) for all content (texts, photos, videos, etc.) posted on Facebook or Instagram as part of the giveaway. This includes all rights of use and exploitation known under copyright law, as well as related rights and the right to assert claims under copyright law in court. The organizer may edit, shorten, delete, archive, or technically adapt the materials. 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 promotional purposes.

5. Liability and Release

(1) If participants upload photos, they guarantee that the content does not violate applicable law or third-party rights.

(2) Participants shall indemnify the organizer against any claims by third parties resulting from illegal use of photos. This indemnity also covers legal defense costs (e.g., attorney and court fees).

(3) By participating, the participant releases Facebook from any liability.

6. Exclusion

(1) Any violation of these terms entitles us to exclude the participant. This applies particularly if false information is provided or if uploaded photos or comments violate the law or third-party rights. The same applies to comments that could be considered violent, offensive, harassing, or otherwise inappropriate.

(2) If the excluded participant was already selected as a winner, the prize may be revoked retroactively.

(3) Comments that violate Facebook or Instagram guidelines, copyright law, or Austrian law will be deleted immediately.

7. Early Termination or Changes

We reserve the right to terminate or modify the giveaway at any time without notice if proper execution can no longer be guaranteed for technical (e.g., computer virus, manipulation, software/hardware error) or legal reasons (e.g., prohibition by Facebook).

8. Limitation of Liability

The organizer is not liable for damages caused by errors, delays, or interruptions in data transmission, technical faults, incorrect content, loss or deletion of data, or viruses. After the prize is handed over, the organizer assumes no liability for damages of any kind. Liability for losses due to minor negligence is excluded. The organizer is only liable in cases of intent or gross negligence.

9. Data Protection

The organizer [Hochkar & Ötscher Tourismus GmbH - 3345 Göstling/Ybbs, Nr. 46 - info@hochkar.com] is responsible for data processing. Personal data will be collected, processed, and used solely in accordance with applicable data protection laws and only to the extent necessary for the execution of the giveaway or where the participant has given consent. This includes the use of data to exercise granted usage rights. Data will be deleted after the giveaway is completed.

Participants may request information at any time about the personal data stored about them.

Participants agree that their personal data (name, address, email address) may be processed for the purpose of participating in the giveaway and notifying the winner, and that name and address of the winner may be shared with Österreichische Post AG for prize delivery. This consent can be revoked at any time.

The legal basis for data processing is Article 6 (1) (a) GDPR.

Data will be deleted once it is no longer required for the purpose for which it was collected — i.e., once the giveaway has ended.

Participants have the following rights under the GDPR with respect to their personal data:

  • Right of access (Article 15 GDPR)
  • Right to rectification (Article 16 GDPR)
  • Right to erasure (Article 17 GDPR)
  • Right to restriction of processing (Article 18 GDPR)
  • Right to data portability (Article 20 GDPR)
  • Right to object (Article 21 GDPR)

Participants also have the right to lodge a complaint with the Austrian Data Protection Authority if they believe that processing of their data violates the GDPR: www.dsb.gv.at.

10. Final Provisions

(1) If any provision of these terms is found invalid, the validity of the remaining provisions shall not be affected.

(2) Legal recourse is excluded. Cash payment of the prize is not possible. Transfer of the prize is not permitted. Austrian law applies.