Conditions of participation for Facebook and Instagram competitions

1. Subject of the conditions of participation and organizer

(1) These conditions of participation govern the conditions for participation in the competition and any necessary transfer of rights. The description and procedure of the respective competition will be provided as part of the respective competition campaign on the specified Facebook and Instagram page.

(2) The competition organizer is Time Travel in Vienna Betriebs GmbH.

(3) By participating in the respective competition, these conditions of participation are accepted.

(4) The competition is not affiliated with Facebook or Instagram and is not sponsored, supported or organized by Facebook or Instagram.

2. Participation

(1) Eligible to participate in the competition are all authorized persons who have reached the age of 18 and are resident in Austria. Employees of the competition organizer and persons commissioned by the latter are excluded. Participation with forged identities or with identities of third parties is not permitted.

(2) Eligible participants can take part in the competition by liking the Facebook and Instagram page of the competition organizer and commenting on the post.

(3) Participation is possible until the time specified in the posting.

3. Prizes and notification of winnings

(1) The specified prize will be drawn in camera from all eligible participants.

(2) The winners will be selected from all eligible participants within one week of the closing date. The winners will be notified via Facebook Messenger or Instagram messages and asked to send an email to an email address specified there, in which the personal data is duly and truthfully transmitted in full. This information will be used to send the prize.

(3) If we do not receive an e-mail from a winner with the winner’s personal data (name and address) within the specified period, the claim to the prize expires. In this case, we are entitled to carry out a replacement draw.

(4) Only one prize is possible per participant.

(5) The prize is not transferable, nor can the prize be exchanged or paid out in cash.

(6) If circumstances arise for which we are not responsible, the respective winner shall accept an appropriate substitute prize. Such circumstances for which we are not responsible are in particular those that lie with the sponsors of the prizes.

4. Granting of rights of use

(1) The participant grants the competition organizer a temporally and geographically unlimited, transferable right to edit, use and exploit (in particular also for advertising purposes) all content created by him/her and posted on Facebook or Instagram for participation in the competition (texts, photos, videos, …). This includes all rights of use and exploitation known to copyright law, including related rights and the right to assert claims arising from copyright law in court. In particular, the competition organizer is entitled to shorten, modify, delete, archive, store and make technical adjustments to the photos. The participant waives his/her right to be named as the author.

(2) By accepting the prize, the winner agrees that we may use his/her name for advertising purposes.

5. Liability and indemnification

(1) If the participant uploads photos for the fulfillment of the competition, the participant guarantees that he/she will not send any content whose provision, publication or use violates applicable law or the rights of third parties.

(2) The participant shall indemnify us against third-party claims of any kind resulting from the unlawfulness of photos used by the participant. The indemnification obligation also includes the obligation to fully indemnify the organizer from legal defense costs (e.g. court and lawyer’s fees).

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

6. Exclusion

(1) A violation of these conditions of participation entitles us to exclude the respective participant from participation. This applies in particular if the participant provides false information or if photos or other content used (e.g. comments) violate applicable law or the rights of third parties. The same applies to comments that could be regarded as glorifying violence, offensive, harassing or derogatory or otherwise offend social decency.

(2) If the excluded participant is a winner who has already been drawn, the prize may be subsequently revoked.

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

7. Early termination and changes

We reserve the right to terminate the competition prematurely in whole or in part at any time, even without observing deadlines, or to change the course of the competition if it is not possible to guarantee the proper execution of the competition for technical (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g. prohibition by Facebook).

8. Limitation of liability

The competition organizer is not liable for damages caused by errors, delays or interruptions in data transmission, malfunctions of technical equipment or services, incorrect content, loss or deletion of data and viruses. Once the prize has been handed over, the competition organizer accepts no liability for damages of any kind. Any liability for damages or losses resulting from slight negligence is excluded. Furthermore, the competition organizer is only liable in cases of intent and gross negligence.

9. Data protection

The competition organizer, Time Travel in Vienna Betriebs GmbH, Habsburgergasse 10a, 1010 Vienna, office@timetravel-vienna.at, Tel: +43-1-5321514, is responsible for data processing and processes the data itself. We will only use the participant’s personal details and other personal data in accordance with the statutory provisions of data protection law. We will only store, process and use the information insofar as this is necessary for the execution of the competition or if the participant has given their consent. This also includes use for exercising the rights of use granted. The data will only be used to carry out the competition and will then be deleted.

The participant can request information from the competition organizer at any time about the personal data stored about him/her.

Participants in the competition agree that their personal data, namely name, address and e-mail address, may be processed by the competition organizer for the purpose of participating in the competition and informing the winner of its success, and that the name and address of the winner may be passed on to Österreichische Post AG for the purpose of transmitting the prize. This consent can be revoked at any time with the competition organizer.

The legal basis for the processing of the data after registration for the competition by the participant is Art. 6 para. 1 lit. a GDPR if the user has given consent.

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user’s data will therefore be stored for as long as the competition is active.

We would also like to draw your attention to the following rights to which you are entitled under the GDPR with regard to your personal data:

• Right to information from the controller about the personal data concerning you in accordance with Article 15 GDPR.
• Right to rectification in accordance with Article 16 GDPR
• Right to erasure in accordance with Article 17 GDPR
• Right to restriction of processing in accordance with Article 18 GDPR
• Right to data portability in accordance with Article 20 GDPR
• Right to object to processing in accordance with Article 21 GDPR

Furthermore, you also have the right to lodge a complaint with the data protection authority if you believe that the processing of your personal data violates the GDPR. In this regard, we also refer you to the homepage of the data protection authority available under the link http://www.dsb.gv.at

10. Final provisions