Conditions of Participation
Facebook Prize Contest “Time for Two”
1. Object of this agreement:
1.1. These conditions and data privacy disclosures govern participation in the prize contest “Time for Two” being held by Alpenhotel Montafon, Silvrettastraße 175, 6780 Schruns (hereinafter referred to as “Organizer”) within the framework of the posting “Time for Two” on the domain facebook.com (hereinafter referred to as “Posting”). This agreement also stipulates how participants’ data will be used.
1.2. The Organizer is simultaneously the entity responsible for data privacy.
1.3. Contact with Alpenhotel Montafon is possible by means of the email address firstname.lastname@example.org möglich.
1.4. By entering the prize contest, participants accept these conditions of participation.
2.1. Eligibility extends to natural persons whose primary residence is in Austria, Germany or Switzerland, and who had reached 18 years of age prior to the opening of the contest.
2.2. Participation in the prize contest is voluntary, free of charge and does not require purchase of any kinds of goods or services. Prizes are not redeemable for cash.
2.3. Participation is excluded for employees of Alpenhotel Montafon as well as those of any related businesses, including family members, as well as any cooperating partners who were involved with creation or management of the prize contest in any way. The term “family members” also refers to those persons who live at the same residence and have the same postal address.
3. Participation Opportunities
3.1. The prize contest begins on May 16, 2018 at 8 AM and ends on May 23, 2018 at 11 PM. This means that the entry deadline is May 23, 2018 at 11 PM.
3.2. Participants may only enter the prize contest by means of the Facebook page of Alpenhotel Montafon http://www.facebook.com/AlpenhotelMontafon.
4.1. A drawing will be conducted from amongst all of those participants who commented on the article, the prize being one night (in a suite) at Alpenhotel Montafon, including private spa treatment for two people.
4.2. The prize is redeemable until 04.11.2018.
5. Procedural obligations and responsibilitiest
5.1. Participants give their consent to the publication of their first name as well as the first letter of their last name on the Facebook page of Alpenhotel Montafon (www.facebook.com/AlpenhotelMontafon), both for the duration and after conclusion of the prize contest.
5.2. Alpenhotel Montafon reserves the right to exclude from participation in the prize contest any participants who make use of impermissible means or who give themselves an unfair advantage through any form of manipulation. In such instances, prizes may be denied at a subsequent date or the return thereof demanded.
5.3. The prize contest may only be used for private purposes. Neither the prize contest, nor the content which is published or created (either in full or in part) may be used by participants or third parties for commercial purposes. Participants may not offer use of the prize contest, the content it conveys or creates, access to websites or the content thereof, to third parties either for remuneration or within the scope of sponsored services, nor may they themselves market the content of the website or content generated by means of the prize contest, nor may they retain the aforementioned for marketing or other commercial purposes. The prize contest may not be changed, edited, decompiled (including for the purposes of reverse engineering), stored or duplicated.
6. Execution of the prize contest
6.1. Announcement of the winner is final. The prize is not redeemable in cash, nor in other material forms, and may not be transferred to other persons. Winners may waive acceptance of the prize.
6.2. The winner will be informed about the result without delay by means of a private message sent to the name provided.
6.3. If the participant does not confirm their acceptance of the prize within two days of notification by means of a response to the private message via Facebook, a new drawing will be conducted for the prize. If the subsequent winner again fails to confirm their acceptance within two days, the prize shall lapse.
7. Warranty disclaimer
7.1. The Organizer points out that the availability and functionality of the prize contest cannot be guaranteed. The prize contest may be concluded or removed due to external circumstances and constraints without the participant having the right to assert any legal claims pertaining thereto. This pertains particularly, though not exclusively, to instances in which, due to technical reasons, e.g. infection of the computer system from viruses, manipulation, errors in the hard- and/or software, or for legal reasons, the proper conduct of the prize contest is impeded, impacted or made impossible.
7.2. Alpenhotel Montafon accepts no guarantee for potential loss of winnings. Insofar as the prize contest must be ended prematurely due to the behavior of a participant, Alpenhotel Montafon does reserve the right to assert damage claims against the person responsible.
8.1. Without prejudice to other legal provisions, the following liability exclusions and liability limitations shall apply to the Organizer’s liability.
8.2. The Organizer is solely responsible for direct damages which are caused due to premeditation or gross negligence. Any further liability is excluded, other than if these constitute damages to persons. This liability policy in no way prejudices any provisions of product liability law.
8.3. These liability limitations also apply to the personal liability of employees, representatives and agents of the Organizer.
9.1. Insofar as use of services requires storage of personally identifiable data (e.g. registration on websites, participation in prize contests, subscription to newsletters), Alpenhotel Montafon uses the data provided by the user in order to provide the services requested by that user. Data will not be shared with third parties.
9.2. Alpenhotel Montafon will take all reasonable technical and organizational steps in order to guarantee the security of personally identifiable data.
10. Facebook Notice and Conditions
10.1. In addition to these participation conditions, the relationship between the Organizer, the participant and Facebook is also governed by the policies (https://www.facebook.com/policies) and privacy guidelines (https://www.facebook.com/about/privacy) of Facebook itself.
10.2. Participants may not assert claims against Facebook which pertain to participation in the prize contest.
10.3. This prize contest is not associated with Facebook nor is it sponsored, supported or organized by Facebook in any way. The recipient of information provided by the participant is not Facebook, but rather Alpenhotel Montafon.
10.4. All information and data which is provided or compiled by the participant within the scope of the prize contest is only communicated to the Organizer and not to Facebook.
10.5. All inquiries and comments pertaining to the prize contest are to be directed to Alpenhotel Montafon and not Facebook.
11. Right of Modification
11.1. Alpenhotel Montafon reserves the right to amend or supplement these participation conditions without stipulating a reason, insofar as this is necessary for the ease and security of conducting the prize contest, and, in particular, in order to inhibit abuse or for other pertinent reasons.
12.1. All decisions are final.
12.2. Under exclusion of conflict rules, this agreement is subject exclusively to Austrian law. Seat of jurisdiction is the competent local court of the provincial capital, Salzburg. The Organizer is also entitled to file a complaint against the participant at a legal venue of general jurisdiction.
12.3. If the participant is a consumer as defined under iSd KSchG (Consumer Protection Act) and has his permanent residence, usual residence or usual place of employment inside Austria, the court with jurisdiction over any complaint filed against the participant shall be that court within whose district the permanent or usual residence or place of employment of the participant is located (§ 14 KSchG).
12.4. At any point in this agreement, should a given formulation require the masculine form in reference to a person or function, this should always be interpreted as being gender-neutral.