Raffle terms and conditions

Terms and conditions of entry competition

By entering the promotion/raffle, entrants accept the following terms and conditions:

Organiser

Gurkerl.at GmbH, Gutheil-Schoder-Gasse 17, 1230 Vienna ("Promoter") runs competitions on this Facebook page at irregular intervals. By participating in this promotion, each participant agrees to have read and accepted these conditions.

Eligibility

Only natural persons aged 18 and over who have a residence and address in the Promoter's delivery area (www.gurkerl.at/liefergebiet) may enter the Promotion. Employees of all companies participating in the promotion and their respective family members are excluded from participation.

Exclusion of Participants

In order to participate in the campaign, it is absolutely necessary that all personal details are true. Participation in someone else's name is not permitted. The organiser reserves the right to reclaim prizes in the aforementioned cases, even retrospectively.

Furthermore, the organiser reserves the right to reclaim prizes in the aforementioned cases.

In addition, the organiser reserves the right to exclude from participation persons who are suspected of using unauthorised aids to participate in the promotion or otherwise attempting to gain an advantage for themselves or third parties through manipulation. In these cases, too, the refusal or reclaiming of the premium may be considered.

Commercial lottery service providers are excluded from participation. Premium and prize claims are not transferable to third parties.

Changes to the conditions of participation and termination of the promotion

The organiser reserves the right to change the conditions of participation at any time, in particular to adapt them to changed legal and/or technical circumstances. The current version of the conditions of participation is available online.

The organiser reserves the right to change the conditions of participation at any time.

The organiser may change, suspend or terminate the promotion at any time, insofar as this is necessary due to circumstances beyond the organiser's control or if this is the only way to ensure proper implementation of the promotion. If such termination is caused by the behaviour of a participant, the organiser is entitled to demand compensation from this person for the damage incurred.

Limitations of Liability

All information is provided without guarantee. The organiser is not responsible for the correctness of the participants' details (in particular e-mail address and address). Participants are responsible for the correctness, completeness and usability of the data they have specified - any incorrect details are their sole responsibility. If the respective prize cannot be transmitted for reasons for which the organiser is not responsible, the organiser shall not be obliged to make a renewed delivery attempt.

The organiser shall not be liable for technical failures that result in the unavailability of the promotion, except in cases of intent or gross negligence. This also applies to any unavailability of the organiser's website.

The organiser and the participating companies accept no liability for data loss, in particular in the course of data transmission, and other technical defects.

Except in the case of fraudulent intent, the Promoter does not warrant that the prize offered is free from defects in quality or title. Likewise, it assumes no liability - to the extent legally permissible - for errors or misprints or for damages that may arise in connection with the provision and use of the prize, unless they are attributable to intent or gross negligence on the part of the organiser.

The organiser also assumes no liability for damages that may arise in connection with the provision and use of the prize, unless they are attributable to intent or gross negligence on the part of the organiser.

A liability in case of culpable injury to life, body or health, on the basis of the Product Liability Act as well as a breach of essential obligations (cardinal obligations), i.e. such obligations, compliance with which is indispensable for achieving the purpose of the contract and compliance with which the participants can rely on, shall also remain unaffected.

The participants release the operator of Facebook from any liability in connection with this competition. Participants' entries may not contain any legal violations, in particular no insults or false statements of fact or violations of intellectual property rights, such as competition, trademark or copyright infringements. Participants shall fully indemnify organisers against any legal infringements in this respect.

Participation and Procedure

By posting a comment (prompt in the post), participants enter the Promoter's competition, which is governed by these terms and conditions. The promotion will run from the day the competition post is made and will end on the date specified in the competition post. The winner will be selected at the sole discretion of the Promoter and the method of selecting the winner will be defined in the competition description. The winners will be informed after the end of the competition under their comment or by message.

The prize, as offered in the respective competition posting, will be sent to the winners by post after receiving their address via the contact form on the website www.gurkerl.at.

The participants have the rights to the image/content. Participants grant the right to use the image/content and the right to publish the name. Anyone who posts an image/content as part of participation in the promotion irrevocably grants the organiser the exclusive, royalty-free right to use and exploit the design - including for commercial purposes - without territorial restriction, in terms of content and time. 

The organiser is entitled to transfer its right of use and/or grant third parties rights of use to the corresponding extent. The right of use extends to all known and unknown types of use. In particular, it includes the right to reproduce, distribute, perform, transmit and use it for operation on or with data processing equipment and data processing devices in the context of the production and promotion of the organiser's products. 

This also includes in particular the right to make the image/content publicly accessible, for example via the organiser's website or social networks (e.g. facebook, instagram). The right of use also includes the right to modify or edit the image/content, insofar as and to the extent that this is necessary for printing or production reasons, and to use and exploit it in modified or edited form. 

By submitting/posting the image/content, the participant declares that he/she has created the image/content him/herself and that he/she holds all rights to the image/content and that he/she is not infringing any third-party rights by participating in the competition. 

The participants allow contact through the gurkerl.at Dein Online-Markt Facebook page and by e-mail. 

Gurkerl.at GmbH is entitled to transfer the winner's data to the cooperation partner, if necessary, in order to enable the prize to be delivered. If the winner does not respond 48 hours after receiving the notification, the entitlement to the prize expires and a new one will be determined by random generator.The entitlement to the prize also lapses if the prize cannot be transmitted within 4 weeks of the first notification of the prize for reasons related to the person of the winner.

Other

If individual provisions of these conditions of participation are invalid or if there is a loophole, this shall not affect the validity of the remaining provisions. The invalid or incomplete provision shall be replaced or supplemented by a provision that comes closest to the interests of the organiser and the parties, subject to any other individual agreements between the parties. 

The legal process is excluded. The competition is not associated with, sponsored, endorsed or organised by the operator of Facebook. All questions, comments or complaints about the promotion should be sent by email to kunden@gurkerl.at.

Privacy

The Organiser undertakes to comply with the legal provisions of data protection. By participating in the organiser's campaign, the participant agrees to the storage and use of his/her personal data to the following extent. Your personal data will only be collected for use in the context of this promotion. All data collected will be handled in accordance with the data protection regulations of the Republic of Austria. Details on the handling of your personal data can be found in the data protection declaration following these conditions of participation.

The participant is entitled to request the deletion or correction of the data at any time by sending an e-mail to kunden@gurkerl.at. In the event of a revocation, the personal participant data will be removed from the database without delay. The revocation as well as the deletion of the personal participant data will be confirmed by e-mail upon request. If the revocation is made before the campaign is processed, further participation is excluded.