General Terms and Conditions of Participation
for Competitions and Prize Draws by Golm Silvretta Lünersee Tourismus GmbH
§ 1 Subject Matter
1.1. These General Terms and Conditions of Participation govern all rights and obligations in connection with participating in competitions and prize draws organised by Golm Silvretta Lünersee Tourismus GmbH, FN 59898 k (hereinafter referred to as the "Organiser").
1.2. The rights and obligations arising from participation in a competition or prize draw are laid out in the respective description of the competition and prize draw, the specific Terms and Conditions of Participation as well as these General Terms and Conditions of Participation. In the event of a contradiction, the regulations laid out in the description of the competition and prize draw and in the specific Terms and Conditions of Participation shall take precedence over these General Terms and Conditions of Participation. By participating in the competition or prize draw, participants accept the provisions laid out in the respective description of the competition and prize draw, the specific Terms and Conditions of Participation as well as these General Terms and Conditions of Participation.
§ 2 Eligibility To Participate
2.1. All natural persons who are permanent residents in Europe and have reached the age of 18 when the competition starts are considered eligible to enter, unless otherwise stated in the description of the competition or the specific Terms and Conditions of Participation. Participation in the competition or the prize draw may only be for private purposes.
2.2. The Organiser’s employees are not allowed to participate.
2.3. Depending on the respective competition or prize draw, it is possible to participate via post, the website, Facebook or another social media channel of the Organiser (e.g. Instagram). The way in which you can participate can be found in the description of the respective competition/prize draw itself. Any form of participation other than that specified in the competition or prize draw is not permitted.
2.4. If the filling in on a participation form is required, for example via the website or a competition card, the participants undertake to fill in the form completely and truthfully, otherwise participation will not be possible. Only participants who have completed the participation form will be entered in the competition or the prize draw.
2.5. In order to participate via the Organiser's Facebook or Instagram page, participants must be followers of the Facebook or Instagram page.
2.6. Participating under a false identity or using someone else’s identity is not permitted and will lead to the participant being disqualified immediately.
2.7. Participation is voluntary. Unless otherwise stated in the description of the respective competition or prize draw, participation is free of charge.
2.8. In the event of a breach of these terms and conditions or their manipulation or attempted manipulation, the Organiser is entitled to disqualify participants from the competition or the prize draw or ban them from entering – even retrospectively. In this case, any winnings already paid out must be refunded.
§ 3 Prize and Term
3.1. The specific prize as well as the start and closing date of the competition or prize draw can be found in the description of the respective competition or prize draw.
3.2. The prize cannot be redeemed for cash or other non-cash assets. The prize is non-exchangeable and non-transferable. It is valid only to the extent described by the Organiser. Participants can choose not to claim the prize. Additional costs, such as travel costs, meals, etc., are possible but are not included in the prize.
3.3. The Organiser reserves the right to replace the prize with another prize of comparable value or type without stating reasons.
§ 4 Picking the Winners
4.1. The Organiser shall decide how the winners are picked.
4.2. Depending on the method of participation, the winners will be notified promptly either in writing, electronically by email, by WhatsApp message or Facebook/Instagram message using the contact details they have provided (address, email, telephone number, Facebook or Instagram profile). There is no guarantee that the winners will be announced. If the participant has provided incorrect data, the Organiser is not obliged to search for the correct data.
4.3. The winners must confirm their acceptance of the prize within 14 days of being notified by contacting info@gsl-tourismus.at. After 14 days, the claim to the prize will expire and a new winner will be selected.
§ 5 Granting Rights of Use and Mentioning of Names – Consent
5.1. Participants have the option of consenting to their first name and surname being published on the website, Facebook and Instagram page and in the Organiser's press release for the purposes of the competition and for advertising purposes in the event that they win.
5.2. Participants hereby expressly agree that their entries (e.g. photos, text, etc.) submitted for the purpose of participating in the competition or the prize draw, as well as their first names and surnames, may be published on the Organiser's website and Facebook page for the purposes of the competition and for advertising purposes.
5.3. By giving their express consent, participants grant the Organiser the right, free of charge and for an unlimited period of time, to reproduce, distribute and make publicly accessible the competition entries provided by them as part of the competition, in particular texts and photos, even if the participant is not acknowledged.
§ 6 Liability
6.1. Legal recourse is excluded. The Organiser accepts no liability for lost, misdirected or late entries or for any technical difficulties that may affect participation in the competition.
6.3. The liability of the Organiser, including its vicarious agents, is, with the exception of personal injury, limited to cases of intent and gross negligence, irrespective of the legal grounds.
6.4. The Organiser accepts no liability for content and posts for which the participants are responsible. If claims are made against the Organiser due to an infringement of rights for which participants are responsible, the participants shall indemnify and hold the Organiser blameless and support the Organiser in defending against the claims.
6.5. Participants guarantee that they will not submit any content that they know violates the copyright or other rights of third parties or statutory provisions, in particular criminal law, or that denigrates, discriminates against, insults or otherwise exposes a person or company.
§ 7 Privacy
The Organiser processes the data provided by the participants in order to ensure that the competition or prize draw can be carried out. Participants can find the full Privacy Policy at https://www.gsl-tourismus.at/de/Datenschutzinformation.
§ 8 Facebook/Instagram
Participants cannot assert any claims against Facebook/Instagram that arise while participating in the competition or the prize draw. This competition is in no way connected to Facebook/Instagram and is in no way sponsored, supported or organised by Facebook/Instagram. It is not Facebook/Instagram who receives the information provided by the participants, but the Organiser itself. All information and data provided by or collected from participants in the competition or prize draw will be passed on to the Organiser only and not to Facebook/Instagram. All enquiries and comments regarding the competition should be directed to the Organiser and not to Facebook/Instagram. Nevertheless, when using Facebook and Instagram, their terms of use and (Facebook https://www.facebook.com/policies / Instagram https://help.instagram.com/581066165581870) data protection rules (Facebook https://www.facebook.com/about/privacy / Instagram https://help.instagram.com/155833707900388) for participants remain in place.
§ 9 General Provisions
9.1. If a provision or part of a provision of the Terms and Conditions of Participation becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intent and purpose of the invalid provision.
9.2. Austrian law shall apply exclusively, excluding the conflict of laws rules. The competent court for all disputes arising in connection with a competition or prize draw is the court with subject-matter jurisdiction for Bregenz.
9.3. The Organiser reserves the right to amend or supplement these Terms and Conditions of Participation at any time without stating reasons, insofar as this is necessary in the interests of simple and secure processing and in particular to prevent misuse or for other reasons.
Version: 27 July 2021