Conditions of participation and privacy notice

CONDITIONS OF PARTICIPATION AND PRIVACY NOTICE

These conditions of participation and privacy notice (hereinafter collectively referred to as the “Terms and Conditions of Participation”) apply to participation in any competitions, contests and prize-draws communicated by us (hereinafter referred to as “competition(s)”).
The Terms and Conditions of Participation contain conditions that include the rules for participation, information on prizes and information on the processing of participants’ data and on their rights of objection and withdrawal. The terms used are not gender specific.

TABLE OF CONTENTS

• Organizer
• Introduction
• Reference to the competition announcement
• Definition of the term "content(s)"
• Age restriction
• Geographical restrictions
• Further criteria for eligibility
• Start and end of the competition
• Information on prizes
• Notification of winners and prize entitlement
• Further information on prizes
• Participants’ responsibility
• Use of the competition entries
• Naming the competition participants
• Competitions within online platforms
• Information on warranty and liability
• Newsletter subscription
• Privacy notice
• Concluding provisions

ORGANISER
Tourismusverband Innsbruck und seine Feriendörfer
Burggraben 3
6020 Innsbruck
Austria/Europe
Legal information: www.innsbruck.info/impressum.html
Email address: office@innsbruck.info

REFERENCE TO THE COMPETITION ANNOUNCEMENT
Details on the Terms and Conditions of Participation, required actions, competition duration, individual sections of the competition and any prizes may additionally be derived from the descriptions provided to participants within the context of a specific competition. Those detailed descriptions take precedence over these Terms and Conditions of Participation.

DEFINITION OF THE TERM "CONTENT(S)”
For the purposes of these Terms and Conditions of Participation, “content(s)” means all content and information uploaded, entered or otherwise communicated by participants as part of 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.

GEOGRAPHICAL RESTRICTIONS
Participation is subject to you having your place of residence, a registered office or your habitual abode in the region(s) listed below:
Participation is possible worldwide.

FURTHER CRITERIA FOR ELIGIBILITY
The following entry requirements and restrictions apply for our competition:
Exclusion of employees and other involved parties: Our employees who are or were involved in the creation or execution of the competition are excluded from participation, as are 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 employee in the competition.
Entry submission: Participation in the competition requires the submission or upload of entries in accordance with the competition announcement.
Submission: Participation in the competition requires the submission or sending of the required entry card.

BEGINNING AND END OF THE COMPETITION
Start of the competition: May 13, 2024
End of the competition: May 27, 2024

INFORMATION ABOUT THE PRIZES
Below we inform the participants about the prizes we are giving away and their modalities.

• 3 nights for 2 people in a double room at Hotel aDlers including a rich breakfast buffet in the period June 13-16, 2024
• Festival passes for Crankworx Innsbruck for the duration of the stay
• 2 all-inclusive Innsbruck Cards (valid for 24 hours), one each for you and your companion
• 2 day tickets for the Bikepark Innsbruck
• Goodie bag with great extras

Determination of the winners: The winners will be chosen at random.

NOTIFICATION OF WINNERS AND PRIZE ENTITLEMENT
The winners will be notified promptly via the specified contact channel (e.g. via email or via social network direct messaging if specified in advance or if the competition is being held on a social networking platform).
Participants may be asked to confirm, collect or make some other claim to the prize within a reasonable time frame. If this is not possible, we ask participants 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, they are not entitled to the prize.
Prizes are non-exchangeable, non-transferable and not redeemable for cash or other prizes unless stated otherwise.

FURTHER INFORMATION ON PRIZES
Please note this further information on prizes:
Travel to and from Innsbruck is not included in the prize.

PARTICIPANTS’ RESPONSIBILITY 
We are not responsible for the behaviour of participants or for the content published by participants within the context of the competition and do not adopt it as our own. Furthermore, we are not obliged to review such content, but we reserve the right to reverse the publication of such content if there are sufficient indications that the content violates 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 participant from participating in the competition 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 course of the competition or otherwise violates these Terms and Conditions of Participation or the law, subject to the reasonableness criterion.
Exclusion of competition participation intermediaries: The participation of competition agencies, sweepstake agents and other automatically generated mass participation procedures is expressly excluded and will not be considered 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, purchasing votes, buying likes and comparable services. In such cases, and especially in the event of complaints, we must intervene 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 objective evidence, such as a rapid increase in a vote within a very short period of time. In the event of exclusion, prizes and benefits may be subsequently revoked and reclaimed.
Responsibility for content: Participants are responsible for the content they publish within the scope of the competition. We are not responsible for the behaviour of the participants or for content published by participants within the context of the competition and do not adopt it as our own. Furthermore, we are not obliged to review such content, but we reserve the right, as the organiser of the competition, to reverse the publication of such content if there are sufficient indications that the content violates legal requirements, official prohibitions, the rights of third parties or morality.
Participants must ensure that they have the necessary rights to the content for the participation in this competition and that the use of this content within the scope of these Terms and Conditions of Participation does not violate legal regulations, morality and/or the rights of third parties.
If, in addition to the participants, other people can be recognised in the photos or videos, the submission of such photos or videos is only permitted if the consent of the people depicted has been obtained and their personal and data protection rights are not violated. Photos or videos not taken by the participant may only be submitted if the owner of the photo or video has 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 and Conditions 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.

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, hereinafter referred to as “online platform”), the following additional provisions apply.
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 participants as part of the competition will be provided only to us and not to the online platform. We ask that all enquiries and comments regarding the competition be addressed to us and not to the online platform.
If we receive participants’ data from the online platform on the basis of the participant’s permission or other 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 user’s email address in a competition form).
If participants are asked to enter login details, this data will be processed by the provider of the online platform. In particular, we do not have access to the participants’ passwords.
In addition to these Terms and Conditions of Participation, the applicable terms and conditions and privacy policy of the respective online platform apply in relation to the online platform. Further information about the consent process, information about consent(s) given and options for revoking consent can be found in the privacy policy for the respective online platform.

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

Warranty limitations for prizes: We are not liable, unless at fault in accordance with the provisions detailed in the liability information of these Terms and Conditions of Participation, for goods and services won that are not offered by us. In all other respects, the warranty and guarantee conditions of the respective providers of the items and services apply, provided that these do not restrict the participants and can be transferred by us to the participants.

Deviations for prizes: The prizes shown in the competition description may differ from the goods or services presented to the winners, provided that they are equivalent to the prizes described from the point of view of an average participant. In accordance with this provision, there may be deviations in terms of model, colour, location, etc.

Liability: The following disclaimers, exclusions and limitations of liability apply to our liability for damages, notwithstanding the other statutory requirements 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 where fulfilment is essential for proper implementation of the competition and on the fulfilment of which the contracting parties regularly rely (so-called cardinal obligations). In this case, however, we shall only be liable for foreseeable, contract-typical damage. We shall not be liable for the slightly negligent breach of the obligations mentioned in the above sentences if this breach is caused by others. We shall be liable without limitation if the cause of the damage is based on intent or gross negligence. In the case of a grossly negligent breach of duty by our vicarious agents, the aforementioned restrictions for a 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, for a defect following the granting of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
Legal recourse: Legal recourse is excluded with regard to the drawing of the winners and the possible evaluation of submitted competition entries.
The prize can only be redeemed on the date stated in the prize notification. If the date is not possible for one of the winners, we ask that the winner notifies us that they decline to claim the prize. The prize will then be awarded to another participant.

NEWSLETTER SUBSCRIPTION
We send newsletters, emails and other electronic notifications containing promotional information and advertising (hereinafter referred to as "newsletter(s)") only with the consent of the recipient or a legal permission. If the content of a newsletter is described in concrete terms when a user signs up to receive the newsletter, the user's consent is based on this content. In all other cases, our newsletters contain information on us and our services.
To subscribe to our newsletters, it is generally sufficient to enter your email address. We may, however, ask you to provide a name for the purpose of addressing you personally in the newsletter, or to provide further information if this is required for the purposes of the newsletter.
Subscription to our newsletter is generally carried out using the double opt-in method. This means that you will receive an email after subscribing asking you to confirm your subscription. This confirmation is required to ensure that nobody can subscribe using an email address that does not belong to them. Newsletter subscriptions are logged so we can provide evidence of the subscription process in accordance with the legal requirements. This includes storing information regarding the time of subscription, the time of confirmation and the IP address. Changes to your data as stored by the mailing provider are also logged.
We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them, in order to be able to provide evidence of prior consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time. In the case of obligations to permanently observe objections, we reserve the right to store the email address solely for this purpose in a so-called “blacklist”.
The registration process is logged on the basis of our legitimate interests for the purpose of proving that it has been executed properly. If we commission a service provider to send emails, this is done on the basis of our legitimate interests in an efficient and secure mailing system.
The sending of the newsletter is based on the consent of the recipient or, if consent is not required, on the basis of our legitimate interests in direct marketing, if and insofar as this is permitted by law, e.g. in the case of advertising to existing customers. If we commission a service provider to send emails, this is done on the basis of our legitimate interests. The registration process is recorded based on our legitimate interests in order to prove that it was carried out in accordance with the law.
Performance measurement: The newsletters contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a mailing service provider, from their server. When this web beacon is accessed, technical information such as information about the browser and your system, as well as your IP address and the time of retrieval, are initially recorded.
This information is used for the technical improvement of our newsletter on the basis of technical data or target groups and their reading behaviour based on their access locations (which can be determined with the help of the IP address) or access times. This analysis also determines whether the newsletter is opened, when it is opened and which links are clicked. For technical reasons, this information can be associated with individual newsletter recipients. However, it is neither our intention nor, if implemented, that of the mailing provider to monitor individual users. The evaluations serve much more as a way for us to recognise the reading habits of our users and to adapt our content to them or to send different content in accordance with the interests of our users.
Content:
Information about us, our services and our offers.

PRIVACY NOTICE
We process the personal data (hereinafter also referred to as “data”) of participants in competitions, contests and prize-draws only in compliance with the relevant data protection regulations, insofar as 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 for the protection of our interests against misuse by possible collection of IP addresses when submitting competition entries).
Participants’ data will only be transmitted to other parties if this is necessary for the execution of the competition (e.g. to send prizes or to technical service providers or agencies commissioned in connection with the implementation of the competition) or if the participant has consented to the transmission.
Within the scope of the competition, we inform participants which of their details are required for participation.
Participants’ data will be deleted as soon as the competition has ended and the data is no longer required for informing the winners or handling the expected questions about the competition. In general, the participants' data will be deleted no later than 6 months after the end of the competition. Winners' data may 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.
If data was also collected for other purposes within the scope of the competition, the processing and storage period for this data shall be governed by the privacy notice for this use (e.g. in the case of newsletter registration as part of a competition).
If we otherwise 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 it.
As data subjects, participants are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 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 carried out on the basis of Article 6 (1) (e) or (f) of the GDPR; this also applies to profiling based on these provisions. If your personal data is processed for direct advertising purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is connected to this direct advertising.
• Right to withdraw consent: You have the right to revoke your consent at any time.
• Right to information: You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data as well as further information and a copy of the data in accordance with legal requirements.
• Right to rectification: In accordance with legal requirements, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
• Right to erasure and restriction of processing: In accordance with legal requirements, you have the right to demand that data concerning you be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the legal requirements.
• Right to data portability: In accordance with legal requirements, you have the right to receive data concerning you that you have provided to us in a structured, common and machine-readable format or to request that this data be transferred to another controller.
• Lodging a complaint with a supervisory authority: You also have the right, in accordance with legal requirements, to lodge a complaint with a supervisory authority, in particular in the member state where you have your habitual residence, where you have your place of work or where the alleged infringement occurred if you are of the opinion that the processing of personal data relating to you infringes the GDPR.
  Contact data protection officer: dsb@innsbruck.info

CONCLUDING PROVISIONS

Deviating conditions: The competition is governed solely by our Terms and Conditions of Participation. Deviating conditions of the participants do not apply without our express consent.
Applicable law, place of performance 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 is our registered office. The exclusive place of jurisdiction for all disputes arising from or in connection with the competition is our registered office. We reserve the right to assert our claims at the legal place of jurisdiction.