CONDITIONS OF PARTICIPATION AND PRIVACY NOTICE 2023

CONDITIONS OF PARTICIPATION AND PRIVACY NOTICE

This Participation and privacy Information (hereinafter collectively referred to as the "Terms of Participation") apply to participation in our competitions, contents, raffles, prize-draws or sweepstakes (hereinafter referred to as "Competition(s)") referring to these Terms of Participation .

The terms and conditions of participation contain conditions, including rules for participation, information on prizes and on the processing of participants' data and their rights of objection and withdrawal. The terms used are not gender-specific.

TABLE OF CONTENTS

• Organization
• Introduction
• Reference to the Announcement of the Competition
• Definition of the term
• Age Restriction
• Territorial Restriction
• Further Criteria for Eligibility
• Start and End of the Competition
• Information on Prizes
• Notification of Winners and Entitlement to a Prize
• Further Information on Prizes
• Participants' Responsibility
• Use of the Competition Entries
• Competitions within Online-Platforms
• Information on Warranty and Liability
• Subscription to the Newsletter
• Privacy Information
• Concluding Provisions

ORGANISATION

Tourismusverband Innsbruck und seine Feriendörfer
Burggraben 3
6020 Innsbruck
Austria/Europe

Legal information: Impressum: www.innsbruck.info/impressum.html
E-mail Address: office@innsbruck.info

REFERENCE TO THE ANNOUNCEMENT OF THE COMPETITION
Details on the conditions for participation, actions to be taken, the duration of the competition, individual sections of the competition and any prizes may additionally be derived from the descriptions provided to the participants within the context of the competition. These detailed descriptions take precedence over these Terms of Participation.

DEFINITION OF THE TERM "CONTENT(S)"
For the purposes of these Terms of Participation, "Content(s)" means all content and information uploaded, entered or otherwise communicated by participants in the Competition, such as photographs, graphics, videos, text, comments or details of places and persons.

AGE RESTRICTION
Participation is only possible from the age of 18. 

TERRITORIAL RESTRICTION
Participation is subject to your having yout domicile, office or place of usual residence in the region(s) listed below:
Participation is possible worldwide.

FURTHER CRITERIA FOR ELIGIBILITY
The following entry requirements and restrictions apply to our competition:
Exclusion of employees and other Involved Parties: Excluded from participation are our employees who are or were involved in the creation or execution of this Competition, as well as their spouses or life partners, parents, children, siblings or persons living in the same household, if they were or should have been aware of the aforementioned involvement of the employees in the Competition.
Entry submission: Participation in the competition requires the submission or upload of contributions according to the competition announcement as well as the disclosure of personal details such as first name, last name and email address.
Submission: Participation in the competition requires the submission or sending of the required entry card.

START AND END OF THE COMPETITION
Start of the competition: 2 March 2023
End of the competition: 16 March 2023

INFORMATION ON PRIZES
In the following, we inform the participants about the prizes and their modalities.
 

Prize for 2 x 2 people

• 2 nights for 2 people in a double room at Hotel Grauer Bär from 13 to 15 April 2023 incl. a lavish breakfast buffet
• One upward and one downward journey on the new Hoadlbahn gondola on the day of the concert, 14 April 2023
• Admission to the concert "Katie Mahan – Piano concert with a view" on 14 April 2023 for you and your companion
• Reception at the panoramic Hoadl Haus mountain restaurant with sparkling wine and finger food
• 2 x all-inclusive Innsbruck Card (valid 48 hours), one for you and one for your companion

Determination of Winners: The winners will be randomly selected. 

NOTIFICATION OF WINNERS AND ENTITLEMENT TO A PRIZE
Winners will be notified in a timely manner through the specified contact channel (e.g., email or social network messaging if specified or if the competition is held within the network).

Participants may be asked to confirm, collect or make some other claim to the prize within a reasonable timeframe. If this is not possible, we kindly ask you to contact us so that we, if possible and reasonable, can arrange an alternate date.

Participants are responsible for the accuracy of the contact details provided. If the winners cannot be notified due to incomplete or incorrect contact data or if winners fail to confirm acceptance of the prize within the period specified below, they forfeit their claim to the prize.
It is not possible to pay out the prizes in cash, in kind, which may be exchanged or transferred to other persons, subject to other information or agreements.

Information about confirming and claiming prizes:
You must confirm whether you will attend the event won within 3 days of receiving notification of the win (email)

FURTHER INFORMATION ON PRIZES / CORONA RESTRICTIONS

Please note this further information on prizes:

Travel to and from Innsbruck is not included in the prize.

With the exception of the sparkling wine reception, food and drink is not included in the prize.

PARTICIPANTS' RESPONSIBILITY 
We are not responsible for the behaviour and the content published by the participants within the context of the competition and do not adopt it as our own. Furthermore, we are not obliged to review the contents, but reserve the right to reverse their publication if there are sufficient indications that the contents violate legal requirements, official prohibitions, the rights of third parties or morality.
Exclusion in the Event of Misuse: We reserve the right, at any time and without notice, to exclude any entrant who, without express permission, uses multiple email addresses, social media accounts or the like to increase their chances of winning, technically manipulates the competition or the operation of the game, or otherwise violates these Terms of Participation or the law, from participating in the competition, subject to reasonable criteria.
Exclusion of participation intermediaries: The participation of competition or sweepstake agents and other automatically generated mass participation procedures is expressly excluded and will not be taken into account when determining the winner of the competition.
Exclusion of Click Generators and Similar Mass Voting Methods: Prohibited manipulations include the use of "click workers", click generators, the acquisition of voting numbers and likes or comparable services. Especially in the event of complaints from other participants, we must intervene in such cases to protect other participants and their fair chances of winning.
We make decisions on exclusion to an appropriate extent on the basis of objective criteria and indications, such as the rapid increase in a vote within a very short period of time. In the event of exclusion, prizes and benefits may also be subsequently disallowed and reclaimed.
Responsibility for Content: The participants are responsible for the Contents they publish in the context of the Competition. We are not responsible for the behavior of the participants and the Contents published by the participants in the context of the Competition and do not claim them as our own. Furthermore, we are not obliged to examine such Content, but as the organizer of the Competition, we reserve the right to withdraw its publication if there are concrete indications that the Content violates legal requirements, official prohibitions, the rights of third parties or is immoral.
Participants must ensure that they have the necessary rights to use the Content for participation in this Competition and that their use within the scope of these Terms of Participation does not violate legal regulations, morality and/or the rights of third parties.
If other persons are recognizable on photos or videos in addition to the participants, the submission of such photos or videos is only permitted if the consent of the persons depicted has been obtained and their personal and data protection rights are not violated. Photos or videos not taken by the participants themselves may only be submitted if their authors have given their consent.
Indemnification: If claims are made against us due to content for which the participants are responsible that violates the law or official orders, the rights of third parties or these Terms of Participation, the participants shall indemnify us against the claims and support us in defending against the claims. The indemnification includes the necessary legal defence costs.

USE OF COMPETITION ENTRIES

For the purposes of reporting on the competition, promoting the competition and presenting participant entries and winners in online media (e.g. on websites and in social media) or in print media, participants grant us the non-exclusive right, free of charge, unlimited in terms of time and place, to reproduce, make publicly accessible and distribute the entries submitted to us within the scope of the competition, to edit them in compliance with the personal rights of the participants and to transfer the exercise of these rights to commissioned third parties, such as technical service providers or agencies. The statutory rights of revocation remain unaffected.

Granting of rights for the commercial use of winning entries: Participants also grant us the irrevocable, perpetual, worldwide, royalty-free and transferable right to reproduce, process, publish, make publicly accessible and broadcast their entries for editorial and commercial purposes (e.g. for advertising or sales purposes) in digital media (including social/mobile media), in print or broadcast formats (e.g. podcast, videocast, radio), in physical form (e.g. displays) and in intangible form, without obligation to name the participant, as well as the right to combine entries with other works or parts of works (e.g. with image, video or sound recordings) while respecting the personal rights of the participants, to edit entries, to change the format, to translate entries, to legally transfer entries to third parties or to grant the aforementioned rights to third parties.

This transfer of rights also extends to the rights to use images of people, objects or other motifs, insofar as the participants are able to freely exercise these rights. If participants are not authorised to exercise these rights, they shall inform us accordingly.

Furthermore, the participants agree to sign an additional, separate, legally permissible and appropriate agreement with regard to the aforementioned granting of rights at our request.

The participants affirm that they are entitled to exercise the aforementioned rights.

The aforementioned rights are granted on a non-exclusive basis.

Only entries submitted in compliance with these conditions will be considered for the competition.

THE NAMING OF COMPETITION PARTICIPANTS

The names of participants may be publicly announced by us in online media (e.g. on websites and in social media) or in print media in connection with the competition or upon presentation of the participant entries and winners. Participants may object to this at any time with effect for the future.

COMPETITIONS WITHIN ONLINE-PLATFORMS
If the competition takes place within an Online-Platform or a social network (e.g. Facebook or Instagram, in the following referred to as "Online-Platform"), the following provisions apply additionally. Participants may not assert any claims against the Online-Platform that arise in connection with participation in and use of the competition. Participants acknowledge that the competition is in no way sponsored, supported or organised by the Online-Platform, nor is it connected to the Online-Platform in any way. All information and data provided by or collected from entrants in the context of the competition will be provided only to us and not to the Online-Platform. We kindly ask you to address all enquiries and comments regarding the lottery to us and not to the Online-Platform.
If we receive participant data from the Online-Platform on the basis of their permission or another legal authorisation, this data will only be used, stored and otherwise processed for the purposes specified in the competition (e.g. if we can pre-enter the e-mail address of the user in a competition form).
If participants are requested to enter access data, this data will be processed by the provider of the Online-Platform. In particular, we do not have access to the passwords of the participants.
In addition to these Terms of Participation, the applicable terms and conditions and data protection information of the online platform shall apply in relation to the online platform. Further information on the consent process, information on consents given and possibilities to revoke such consents can be found in the data protection information of the Online-Platform. 

INFORMATION ON WARRANTY AND LIABILITY
We would like to point out that the competition and the prizes are voluntary services on our part, which are not subject to the same scope of guarantee and liability as, for example, the purchase of such prizes independent of the competition.

Warranty limitations for Prizes: We shall not be liable, subject to our own fault in accordance with the provisions of the liability notices in these conditions of participation, for goods and services won which are not offered on the market by ourselves. In all other respects, the warranty and guarantee conditions of the respective providers of the items and services shall apply, provided that these do not restrict the participants and can be transferred by us to the participants.

Differences of Prizes: The prizes shown in the description of the competition may differ from the goods or services presented to the winners, provided that they are equivalent in terms of the prizes described from the point of view of an average participant. According to this, deviations in model, color, locality, etc. may exist.

Liability: The following disclaimers and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory conditions for claims.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents. We shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the competition and on the compliance with which the contracting parties regularly rely (so-called cardinal obligations). In this case, however, we shall only be liable for the foreseeable damage typical of the respective legal realtionship. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. We shall be liable without limitation if the cause of the damage is based on intent or gross negligence. In the case of grossly negligent breach of duty by our vicarious agents, the aforementioned restrictions to the slightly negligent breach of essential obligations shall apply .

The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect following the granting of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.

Legal Recourse: There is no legal recourse with regard to the drawing of the winners and any evaluation of the entries submitted in the competition.

SUBSCRIPTION TO THE NEWSLETTER
We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as "newsletters") only with the consent of the recipient or a legal permission. Insofar as the contents of the newsletter are specifically described within the framework of registration, they are decisive for the consent of the user. Otherwise, our newsletters contain information about our services and us.

In order to subscribe to our newsletters, it is generally sufficient to enter your e-mail address. We may, however, ask you to provide a name for the purpose of contacting us personally in the newsletter or to provide further information if this is required for the purposes of the newsletter.

The registration to our newsletter takes place in general in a so-called Double-Opt-In procedure. This means that you will receive an e-mail after registration asking you to confirm your registration. This confirmation is necessary so that no one can register with external e-mail addresses.

The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes storing the login and confirmation times as well as the IP address. Likewise the changes of your data stored with the dispatch service provider are logged.

We may store the unsubscribed email addresses for up to three years based on our legitimate interests before deleting them to provide evidence of prior consent. The processing of these data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time. In the case of an obligation to permanently observe an objection, we reserve the right to store the e-mail address solely for this purpose in a blacklist.

The sending of the newsletter is based on the consent of the recipients or, if consent is not required, on the basis of our legitimate interests in direct marketing. Insofar as we engage a service provider for sending e-mails, this is done on the basis of our legitimate interests. The registration procedure is recorded on the basis of our legitimate interests for the purpose of demonstrating that it has been conducted in accordance with the law.

Performance measurement: The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file, which is retrieved from our server when the newsletter is opened or, if we use a mailing service provider, from its server. Within the scope of this retrieval, technical information such as information about the browser and your system, as well as your IP address and time of retrieval are first collected.

This information is used for the technical improvement of our newsletter on the basis of technical data or target groups and their reading behaviour on the basis of their retrieval points (which can be determined with the help of the IP address) or access times. This analysis also includes determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. It is, however, neither our endeavour nor, if used, that of the shipping service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

Contents:

Information about us, our services and offers.

PRIVACY INFORMATON
We process the personal data (also referred to as "data" below) of participants in We process personal data of participants in competitions, contents, raffles, prize-draws or sweepstakes (hereinafter referred to as "competitions") only in compliance with the relevant data protection regulations and if the processing is necessary for the provision, execution and handling of the competition (Article 6 (1) (b) GDPR), the participants have consented to the processing (Article 6 (1) (a) GDPR) or the processing serves our legitimate interests (e.g. in the security of the competition or the protection of our interests against misuse by possible recording of IP addresses when submitting entries to the competition according to (Article 6 (1) (f) GDPR).

The participant's data will only be transmitted to other parties if this is necessary for the execution of the sweepstakes and competitions (e.g. to send prizes by Sponsor(s) or to technical service providers or agencies commissioned in connection with the Competition) or if a participant has consented to the transmission.

In the context of the competition, we inform the participants which of their data are required for participation.

The data of the participants will be deleted as soon as the competition has ended and the data is no longer required to inform the winners or because questions about the competition can be expected. In general, the data of the participants will be deleted at the latest 6 months after the end of the competition. Winners' data can be retained for a longer period of time, e.g. in order to answer questions about the prizes or to fulfil the prizes; in this case, the retention period depends on the type of prize and is up to three years for items or services, e.g. in order to be able to process warranty claims. Furthermore, the participants' data may be stored for longer, e.g. in the form of coverage of the competition in online and offline media.

Insofar as data was collected for other purposes as part of the competition, its processing and storage period shall be governed by the privacy information for this use (e.g. in the case of registration for a newsletter as part of a competition).

If we process your data or provide additional information on the processing of your data, we will provide a link to our privacy policy and refer you to this privacy policy.

As data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR:

• Right to object: You have the right, on grounds arising from your particular situation, to object at any time to the processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR , including profiling based on those provisions.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing, which includes profiling to the extent that it is related to such direct marketing.

You also have the right to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR on grounds arising from your particular situation.

• Right of withdrawal for consents: You have the right to revoke consents at any time.
• Right of acces: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
• Right of acces: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
• Right to rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
• Right to Erasure and Right to Restriction of Processing: In accordance with the statutory provisions, you have the right to demand that the relevant data be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
• Right to data portability: You have the right to receive data concerning you which you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements, or to request its transmission to another controller.
• Complaint to the supervisory authority: You also have the right, under the conditions laid down by law, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

Contact data protection officer: Daniel Daspres

CONCLUDING PROVISIONS
Deviating conditions: The competition is determined solely according to our Terms of Participation. Deviating conditions of the participants are not valid without our express consent.

Applicable law, Place of Fulfilment and Jurisdiction: The legal relationship between us and the participants is subject exclusively to the law of the Republic of Austria. Unless otherwise stated, the place of performance for claims in connection with the competition shall be our (registered) office. The exclusive place of jurisdiction for all disputes arising from or in connection with the competition shall be our (registered) office. We reserve the right to assert our claims at the legal place of jurisdiction.