Participation in the Rosehill® Foodpark Austria competition is governed exclusively by these conditions of participation. The organiser of the competition is MFAT AdFund GmbH, myHive Wienerberg, Turm A/34, Wienerbergstraße 11, A-1100 Vienna (hereinafter: “Organiser”). By participating in the competition, the participant declares his/her consent to these terms and conditions of participation and data protection information.
B. Conditions of participation of the Rosehill® Foodpark competition
1. Persons entitled to participate
1.1 Natural persons who have reached the age of 18 are eligible to participate. If a participant has limited legal capacity at the time of reaching the age of 18, the consent of his/her legal representative is required.
1.2 Employees of the organiser as well as employees of cooperation partners who are or were involved in the creation or handling of the competition as well as their family members are excluded from participation in the competition.
2 Implementation of the competition
2.1 Participating restaurants
The following Rosehill® Foodpark restaurants are participating in the competition:
All Austrian restaurants that can be found at the following link: https://www.rosehill.at/standorte/
2.2 Period of the competition
The period of the competition is from 14.02.2022 00:00 to 30.04.2022 11:59 (“Promotion Period”). Within this Promotion Period, users will have the opportunity to participate in the Competition. Participation is only possible within the promotion period.
2.3 Procedure for participating in the competition
In order to participate in the competition, the questionnaire must be completed in full.
After the stated promotion period, the following prize will be raffled among the participants:
“An iPhone 13 Pro”.
The winner of the competition will be sent 1 “iPhone 13 Pro” by post. There will be 1 winner chosen at randomly. The prize is for private use and is not transferable to third parties. Cash payment of the prize is not possible.
2.5 Determination of the prize and notification
2.5.1 The winner will be determined by drawing lots after the end of the promotion. The winner will be contacted by e-mail within the next 48 hours. The winner will be requested to send a confirmation of acceptance of the prize within 48h, stating their full name and address. The prize must be collected in person and upon presentation of a valid identity card.
2.5.2 Cash payment of the prize is not possible. The winner is responsible for any taxation of the prize.
3. Exclusion of warranty
3.1 No unlawful, infringing, defamatory, unauthorised, malicious, invasive of privacy, violent or racist content may be published in connection with this competition. No commercial or political advertising may be published. This prohibition refers to political content that is not compatible with the values of the Basic Law of the Republic of Austria. No information or content harmful to minors may be disseminated. Furthermore, racist, violent, politically extremist, sexist, discriminatory or otherwise offensive publications, as well as those that insult, defame, threaten, or verbally disparage other persons, ethnic groups or religious confessions are not permitted. The participant undertakes not to infringe any copyrights, patent rights, trademark rights or other proprietary rights of third parties.
3.2 The participant indemnifies the organiser against all claims asserted by third parties against the organiser due to an infringement of their rights by content posted by the participant in the context of the competition or by its other use. In the event of a claim by a third party, the participant is obliged to inform the organiser immediately, truthfully and completely of all information available to him/her which is necessary for an examination of the claims and a defence. Any further claims for damages by the Organiser against the participant shall remain unaffected.
3.3 The organiser is also entitled to exclude participants from this competition who violate the conditions of participation, provide incorrect personal details, use unfair aids and/or infringe the rights of third parties, such as their rights of use or personal rights.
4. Limitation of liability
4.1 The organiser is liable in accordance with the statutory provisions for intent and gross negligence on the part of the organiser, their legal representatives, or vicarious agents, as well as for culpable breach of contractual obligations essential to the competition and its implementation. A contractual obligation is considered essential if it enables the proper implementation of the competition in the first place and if the participant relies and may rely on its compliance. In the event of only a slightly negligent breach of essential contractual obligations, liability shall be limited to compensation for the damage typical of the contract and foreseeable at the time of use. This limitation of liability does not apply to damages culpably caused by the organiser, their legal representatives or vicarious agents resulting from injury to life, limb or health, or to liability under the Product Liability Act.
4.2 The above limitation of liability applies to damage caused by errors, delays or interruptions in the transmission of data or similar, in the event of faults in technical equipment or the service, incorrect content, loss or deletion of data, viruses.
4.3 There are no guarantee or warranty claims against MFAT AdFund GmbH in respect of the prize. Any warranty claims against the organiser remain unaffected.
5. Data protection
5.1 Personal data: Personal data is individual information about personal and factual circumstances of a specific or identifiable natural person, i.e. information that identifies a person or at least makes them identifiable. All this data is subject to special protection in accordance with data protection regulations, which MFAT AdFund GmbH as data processor ensures through technical and organisational measures.
5.2 Collection, processing and use of personal data: For the purposes of prize processing, participants must provide the data specified in sections 2.3 and 2.5. This data will be used to process the prize, stored and deleted after 30 days at the latest. If deletion is not possible due to legal storage obligations, the participant’s data record will be blocked until the storage period expires, i.e. the data will be excluded from further use. Personal data will not be passed on or sold to third parties who are not involved in the competition. Personal data will only be passed on to state institutions and authorities if required by law. The participant hereby expressly agrees to the storage and use of the personal data provided for the above-mentioned purpose to the above-mentioned institutions.
5.3 Participant’s rights: The participant has the right to request free of charge what data is stored about him or her in connection with the competition. Each participant has the right to demand the immediate deletion of his/her personal data at any time. The participant assures that the personal data provided by him/her first name, surname, place of residence and email address, are true and correct.
The participant also agrees to the data protection regulations of MFAT AdFund GmbH (https://www.rosehill.at/datenschutzerklaerung/).
In the event of a win, the participant agrees to be accompanied, photographed and filmed free of charge by the organiser during the handover and redemption of the prize for marketing purposes and to allow the resulting photographs and films to be used to the aforementioned extent. This includes the announcement of the winner on the website www.rosehill.at and social media platforms of MFAT AdFund GmbH.
5.4 The participant may revoke his/her consent given in accordance with Clause 5.3 at any time. The revocation is to be sent to: MFAT AdFund GmbH, myHive Wienerberg, Tower A/34, Wienerbergstraße 11, A-1100 Vienna, firstname.lastname@example.org or Tel. 01/2262260. After revocation of the consent, the collected and stored personal data of the participant will be deleted immediately.
C. Final provisions
1) Questions or complaints in connection with the competition should be addressed to the organiser. 2) Austrian law applies.
2 Austrian laws shall apply.
3. Legal recourse is excluded.
4. Should any of these conditions of participation be or become invalid or ineffective, the validity or effectiveness of the remaining conditions of participation shall not be affected. The invalid or ineffective provision shall be replaced by a legally permissible provision which comes closest in economic terms to the meaning and purpose expressed in the invalid provision. The same applies in the event of a loophole in these conditions of participation.
Good luck and success to Rosehill® Foodpark!