Terms of Participation

1. Raffle and organizer

- The organizer of the competition is Promontoria Hochgurgl GmbH - TOP Hotel Hochgurgl - Hochgurglerstraße 8 - 6456 Hochgurgl - Teinfaltstraße 8/4 - 1010 Wien Austria
- Participation is exclusively subject to the following conditions of participation.

2. Participation

a) Any natural person over the age of 18 is eligible to participate. However, employees of the organizer and their direct relatives are excluded from participation.
b) Participation in the competition is possible until 24th of december.
c) Participation is of course completely free of charge and does not require the purchase of any goods or services.
d) Participation in the competition is dependent on the complete fulfillment of the conditions described in more detail within the competition. Only such entries can be considered within the competition. Incorrect information or incomplete entries cannot be taken into account.
e) By participating in the respective competition, the consenting party agrees to these conditions of participation.

3. Implementation and processing

a) The prize described in more detail within the specific competition will be drawn from all valid entries.
b) The promotion starts on the date of publication and ends on the date specified above.
c) The winner will be drawn promptly after the end of the prize draw and notified by e-mail; he/she must confirm receipt of the prize notification and claim of the prize within two weeks of the prize notification by the contact method specified within this notification. If this confirmation is not received, the prize will be awarded to another participant.
d) The claim to the prize cannot be assigned and is not transferable; furthermore, the prize cannot be paid out. If the prize cannot be made available for whatever reason, the organizer reserves the right to award a substitute prize of equal value.

4. Exclusion of participation

a) In the event of a breach of these conditions of participation, the organizer reserves the right to exclude participants from the competition.
b) Furthermore, the organizer reserves the right to exclude participants who use unauthorized aids or otherwise obtain advantages through manipulation, for example through collective or multiple entries. This is the case if, for example, automatic scripts, hacking tools, Trojans or viruses are used, or if a participant gains an advantage through other unauthorized means. Furthermore, untrue personal data can lead to exclusion. In such cases, winnings may also be subsequently withdrawn and/or reclaimed.

5. Premature termination or cancellation of the competition

The organizer is entitled to prematurely terminate, suspend or modify the competition if unforeseen circumstances beyond the organizer's control occur, which make the original implementation more difficult or unreasonable for the organizer. This includes in particular, but is not limited to, the unauthorized intervention of third parties, technical problems with hardware and software that are beyond the control of the organizer, as well as violations of rights that are directly related to the implementation of the competition, in particular manipulative intervention in the course of the competition.

6. Facebook & Instagram

a) The sweepstakes is not related to Facebook or Instagram and is not sponsored, supported or organized by Facebook or Instagram in any way; the participant will not have any claims against either channel.
b) Participants shall not have any claims against Facebook and Instagram arising from participation in the sweepstakes or from winning a prize in the sweepstakes.
c) Inquiries and notices by the participants are to be directed exclusively to the organizer and not to Facebook.

7. Data protection

The organizer collects and uses the personal data of the participants exclusively within the legally permissible framework. For details on the type and scope of data processing, please refer to our detailed data protection declaration.
The responsible party or responsible person within the meaning of the BDSG or the DSGVO is the organizer of the sweepstakes:
Promontoria Hochgurgl GmbH
TOP Hotel Hochgurgl
Hochgurglerstraße 8
6456 Hochgurgl
Teinfaltstraße 8/4
1010 Wien Austria

If you participate in the competition of the organizer, the following personal data will be collected by the organizer:
- First and last name, as well as corresponding form of address
- date of birth
- Your postal address
- Your e-mail address
This data will be used by the organizer exclusively to determine the winner, to check compliance with the conditions of participation, and to send the prize. The data processing is accordingly based on Art. 6 para. 1 lit. b) DSGVO.
The organizer will delete the winner's data when it is no longer necessary for the implementation of these purposes. This is usually the case when the prize has been sent.
Of course, each participant has the right at any time to request information about the data stored by the organizer regarding his person in accordance with Art. 15 DSGVO. The same applies to the deletion of the corresponding data at the organizer according to Art. 17 DSGVO, as well as the correction according to Art. 16 DSGVO and blocking of the data according to § 18 DSGVO.
Furthermore, you may object to data processing which the organizer bases on Art. 6 (1) lit. e or f DSGVO under the conditions of Art. 21 DSGVO. Of course, you also have the right to complain about the processing of your data to the competent supervisory authority.
You can find detailed information at any time at: zwww.hotelstadthamburg.com/de/datenschutz

8. Liability of the organizer

The following exclusions and limitations of liability apply to the organizer's liability for damages, without prejudice to the other legal requirements for claims:
a) The organizer is liable without limitation insofar as the cause of damage is based on intent or gross negligence.
b) Furthermore, the organizer shall be liable for breaches of essential obligations caused by slight negligence, the breach of which jeopardizes the achievement of the purpose of the contract, or for breaches of obligations, the fulfillment of which is essential for the proper execution of the competition and the observance of which the contractual partners regularly rely on. However, the scope of liability for the organizer in such a case shall be limited to the foreseeable damage typical for the contract.
c) The organizer is not liable for the slightly negligent violation of other obligations than those mentioned above.
d) The designated limitations of liability do not apply in the case of injury to life, limb and health, for a defect after the acceptance of guarantees for the quality of a product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
e) The exclusion or limitation of liability of the organizer shall also apply to the personal liability of representatives and vicarious agents of the organizer or its employees.

9. Final provisions

a) Legal recourse is excluded.
b) The law of the Federal Republic of Germany shall apply, to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG), which has been incorporated into German law.
c) Should any of these provisions be or become invalid, the validity of the remaining provisions shall not be affected.
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